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SOUTHWESTERN BELL TELEPHONE, L.P. v. EMMETT

No. 14-11-01115-CV.

401 S.W.3d 826 (2013)

SOUTHWESTERN BELL TELEPHONE, L.P., d/b/a AT & T Texas, Appellant v. Ed EMMETT, El Franco Lee, Sylvia Garcia, Steve Radack, and Jerry Eversole, as Members of the Harris County Commisssioners' Court; Michael Marcotte, as Director of the City of Houston Department of Public Works and Engineering; and the City of Houston, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing En Banc Overruled July 11, 2013.

Attorney(s) appearing for the Case

Bruce S. Powers , Malinda York Crouch , David J. Beck , Geoffrey Alan Gannaway , for Ed Emmett, El Franco Lee, Sylvia Garcia, Steve Radack & Jerry Eversole and et al.

Grey C. Laswell , for Southern Bell Telephone, L.P. d/b/a AT & T Texas.

Panel consists of Justices BOYCE and McCALLY and Senior Justice MIRABAL.

OPINION

WILLIAM J. BOYCE, Justice.

Southwestern Bell Telephone, L.P., d/b/a AT & T Texas ("AT & T") appeals from orders (1) granting a plea to the jurisdiction filed by County Judge Ed Emmett and Commissioners El Franco Lee, Sylvia Garcia, Steve Radack, and Jerry Eversole in their official capacities (collectively, the "County Commissioners"); (2) granting summary judgment in the alternative in favor of the County Commissioners; (3) granting summary...

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