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CITY OF HOUSTON v. ATSER, L.P.

No. 01-10-00240-CV.

403 S.W.3d 354 (2013)

The CITY OF HOUSTON, Appellant v. ATSER, L.P., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 31, 2013.

Attorney(s) appearing for the Case

Anthony Frank Matheny , Ben D. Tobor , Nicholas G. Grimmer , Greenberg Traurig LLP, Hope E. Hammill-Reh , Senior Assistant City Attorney, Corey Jacob Seel , Mehaffey Weber P.C., Houston, TX, for Appellant.

Ernest Butch Boyd , Eric Michael Adams , Mehaffy Webber, P.C., Bertrand L. Pourteau II , The City of Houston Legal Department, Houston, TX, for Appellee.

Panel consists of Justices KEYES, SHARP, and MASSENGALE.

OPINION ON SECOND MOTION FOR REHEARING

EVELYN V. KEYES, Justice.

Appellant, the City of Houston ("the City"), moved for en banc reconsideration of our August 30, 2012 opinion. We construe the motion as a motion for rehearing and grant the motion for rehearing.1 We withdraw the August 30, 2012 majority opinion, judgment, and concurring and dissenting opinion on rehearing, and...

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