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CITY OF SAN ANTONIO v. CASEY INDUS., INC.

Nos. 04-11-00791-CV, 04-11-00814-CV.

381 S.W.3d 589 (2012)

CITY OF SAN ANTONIO, Acting through CITY PUBLIC SERVICE BOARD OF SAN ANTONIO a/k/a CPS Energy, Appellant v. CASEY INDUSTRIAL, INC., Appellee.

Court of Appeals of Texas, San Antonio.

August 1, 2012.

Attorney(s) appearing for the Case

Annalyn G. Smith , Schmoyer Reinhard LLP, Judith R. Blakeway , Strasburger & Price, L.L.P., San Antonio, TX, Kimberly S. Keller , The Keller Law Firm, Boerne, TX, for Appellant.

Kristen H. Elizondo , Bracewell & Giuliani, LLP, San Antonio, TX, Amy Warr , Douglas W. Alexander , Alexander Dubose Jones & Townsend LLP, Austin, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, and STEVEN C. HILBIG, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

These are two consolidated accelerated appeals arising from orders in favor of Casey Industrial, Inc. ("Casey"). In the first order, the trial court granted Casey's motion for summary judgment, holding that the parties' contract was void. The trial court granted the parties permission to appeal pursuant to Texas Civil Practice and Remedies Code section 51.014(d).1 In the second...

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