Contractor Wants 2nd Shot At Texas Utility's Immunity Defense

Law360, Houston (October 23, 2012, 5:15 PM EDT) -- An industrial contractor asked the Texas Supreme Court on Monday to revive its $12 million suit against San Antonio-owned CPS Energy, arguing an appellate court's ruling that the utility was immune from being sued on contractual grounds was unprecedented.

In a petition for review, Casey Industrial Inc. told the high court that Texas' Fourth Court of Appeals erred when it became “the first court in the history of Texas” to hold that a municipal corporation is immune from litigation even though operating in a proprietary capacity....
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