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SHARYLAND WATER SUPPLY v. CITY OF ALTON

No. 09-0223.

354 S.W.3d 407 (2011)

SHARYLAND WATER SUPPLY CORPORATION, Petitioner, v. CITY OF ALTON, Carter & Burgess, Inc., Cris Equipment Company, and Turner, Collie & Braden, Inc., Respondents.

Supreme Court of Texas.

Decided October 21, 2011.

Rehearing Denied December 16, 2011.

Attorney(s) appearing for the Case

J.W. Dyer , Sharon Almaguer , Dyer & Associates, McAllen, for Petitioner.

Eileen Marie Leeds , Willette & Guerra LLP, Jeffrey D. Roerig , Rene O. Oliveira , Roerig Oliveria & Fisher, Brownsville, TX, Stephen L. Tatum , Tolbert L. Greenwood , Stephanie Smith Harrison , Andrew Derald Keetch , Cantey Hanger LLP, Fort Worth, TX, John B. Wallace , Berker Lymann, P.C., Houston, TX, Marcus Montalvo , Montalvo & Ramirez, Christopher Allen Funk , Walker & Twenhafel, LLP, Walter J. Passmore , The Passmore Law Firm, McAllen, TX, for Respondents.

R. Carson Fisk , Ford Nassen & Baldwin P.C., Austin, TX, pro se.

Shalla Elaine Faria Santos , Allensworth & Porter, LLP, Austin, TX, for Amicus Curiae Texas Council of Engineering Companies, Inc.

Yvonne Roselyn Castillo , Austin, TX, for Amicus Curiae Texas Society of Architects, A State Component of the.

Chief Justice JEFFERSON delivered the opinion of the Court.

A water supply corporation sued a city and the city's contractors after the contractors installed sewer lines above portions of the corporation's water system. A jury found that the city breached its contract with the water supply corporation and that the contractors were negligent. The court of appeals disagreed, rendering a take-nothing judgment against the water

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