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MILLWEE-JACKSON JOINT VENTURE v. DART.

No. 05-08-01164-CV.

350 S.W.3d 772 (2011)

MILLWEE-JACKSON JOINT VENTURE and Stephen M. Millwee, Appellants, v. DALLAS AREA RAPID TRANSIT and The City of Dallas, Appellees.

Court of Appeals of Texas, Dallas.

October 31, 2011.

Attorney(s) appearing for the Case

Arthur J. Anderson , Winstead Sechrest & Minick, P.C., Dallas, for Appellants.

Harold R. McKeever , Dallas Area Rapid Transit, Dallas, Eric Wilder McNeil , Dwyer Law Firm, Rockwall, for Appellees.

Before Justices MOSELEY, BRIDGES, and FRANCIS.

OPINION

Opinion By Justice BRIDGES.

The Court has before it the motion for rehearing of Millwee-Jackson Joint Venture and Stephen M. Millwee. On the Court's own motion, we withdraw our opinion and vacate our judgment of March 11, 2011. The following is now the opinion of the Court.

Millwee-Jackson Joint Venture and Stephen M. Millwee (Millwee) appeal the trial court's summary judgment in favor of Dallas Area Rapid Transit (DART) and the City of Dallas...

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