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CITY OF HOUSTON v. DOWNSTREAM ENVTL.

No. 01-12-01091-CV.

444 S.W.3d 24 (2014)

The CITY OF HOUSTON, Appellant v. DOWNSTREAM ENVIRONMENTAL, L.L.C., Appellee.

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

Dissenting Opinion of Justice Keyes April 13, 2014.

Rehearing En Banc Overruled August 14, 2014.

Attorney(s) appearing for the Case

David M. Feldman , City Attorney, Lynette K. Fons , First Assistant City Attorney, Judith L. Ramsey , Chief General Litigation Section, Hope E. Hammill-Reh , Robert W. Higgason , Senior Assistant City Attorneys, Houston, TX, for Appellant.

Mary Wimbish , Michael M. Essmyer Sr. , Essmyer & Daniel P.C., Houston, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and MASSENGALE.

OPINION ON REHEARING

MICHAEL MASSENGALE, Justice.

This is an interlocutory appeal from the trial court's order denying the City of Houston's plea to the jurisdiction. See TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(a)(8) (West Supp.2012). Downstream Environmental, L.L.C. sued the City for damages that allegedly arose when the discharge line between Downstream's liquid waste disposal facility and the...

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