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TEXAS DEPT. OF TRANSP. v. SUNSET TRANSP.

No. 03-10-00023-CV.

357 S.W.3d 691 (2011)

The TEXAS DEPARTMENT OF TRANSPORTATION, and Amadeo Saenz, Jr., in his Official Capacity as Director of Texas Department of Transportation, Appellants, v. SUNSET TRANSPORTATION, INC.; MEL Transport, Inc. d/b/a Magnum Transportation; and Sunset Prosper, Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 13, 2012.

Attorney(s) appearing for the Case

Amy Kovar , Assistant Attorney General, Austin, TX, for Appellants.

Kent J. Lisenby , Chuck Axmacher , The Lisenby Law Firm, P.C., Fort Worth, TX, for Appellees.

Before Justices PURYEAR, PEMBERTON and ROSE.

OPINION

BOB PEMBERTON, Justice.

The Texas Department of Transportation (TxDOT) and its executive director, in his official capacity, appeal a district court order denying, in its entirety, their plea to the jurisdiction over claims asserted by appellees Sunset Transportation, Inc.; MEL Transport, Inc. d/b/a Magnum Transportation, Inc.; and Sunset Prosper, Inc.1 In a single issue, appellants assert that appellees' claims...

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