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PANDA POWER v. ELEC. RELIABILITY COUNCIL

No. 05-18-00611-CV.

641 S.W.3d 893 (2022)

PANDA POWER GENERATION INFRASTRUCTURE FUND, LLC, d/b/a Panda Power Funds; Panda Sherman Power Holdings, LLC; Panda Sherman Power Intermediate Holdings I, LLC; Panda Sherman Power Intermediate Holdings II, LLC; Panda Sherman Power, LLC; Panda Temple Power Holdings, LLC; Panda Temple Power Intermediate Holdings I, LLC; Panda Temple Power Intermediate Holdings II, LLC; Panda Temple Power, LLC; Panda Temple Power II Holdings, LLC; Panda Temple Power II Intermediate Holdings I, LLC; Panda Temple Power II Intermediate Holdings II, LLC; Panda Temple Power II, LLC, Appellants v. ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Dallas.

Opinion Filed February 23, 2022.

Attorney(s) appearing for the Case

Leslie Conant Thorne , Christopher R. Knight , Andrew Guthrie , Werner A. Powers , Dallas, Ben L. Mesches , Roger D. Sanders , Sherman, for Appellants.

Erika Kane , J. Hampton Skelton , Austin, Rachel Anne Ekery , Houston, Wallace B. Jefferson , Austin, Nathan M. Bigbee , Brandon Duane Gleason , Austin, Nicholas Bacarisse , Chad V. Seely , for Appellee.

Before the Court sitting En Banc.

OPINION

Before us is an appeal from the trial court's April 24, 2018 order granting ERCOT's plea to the jurisdiction based on sovereign immunity and dismissing the cause for lack of jurisdiction. The trial court entered the dismissal order pursuant to this Court's original opinion in this case. See Elec. Reliability...

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