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CORREA v. CITY OF BAY CITY

No. Civ.A. G-97-378.

981 F.Supp. 477 (1997)

Daniel CORREA and Marcelina Correa v. THE CITY OF BAY CITY, Ronald Franklin Farmer D/B/A R.F. Farmer Construction Company, Randall-Porterfield Architects, Inc., Marine Inc., Texas Parks and Wildlife Department, The Department of Army Corps of Engineers, and the United States of America.

United States District Court, S.D. Texas, Galveston Division.

October 23, 1997.

Attorney(s) appearing for the Case

Sean Patrick Tracey, Jones and Tracey, Houston, TX, for Daniel and Marcelina Correa.

Steven D. Selbe, Cotton, Bledsoe, Tighe, and Dawson, Houston, TX, for City of Bay City.

Carl Robert Mace, Fulbright & Jaworski, Houston, TX, for Randall-Porterfield Architects, Inc.

Nathan Montgomery Rymer, Carlson and Smith, Houston, TX, for Marine, Inc.

Joseph M. Dunn, Office of Atty. Gen. of TX, Austin, TX, for TX Parks & Wildlife Dept.

Janet Craig, U.S. Attys. Office, Houston, TX, for Dept. of the Army Corps of Engineers.

ORDER GRANTING MOTION TO DISMISS

KENT, District Judge.

Plaintiffs Daniel and Marcelina Correa bring this action against, inter alia, Defendant Texas Parks and Wildlife Department ("TPWD") under the Texas Tort Claims Act for injuries sustained by Daniel Correa when he dove off of a pier allegedly controlled by TPWD. Now before the Court is TPWD's Motion to Dismiss under FED.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. For the reasons...

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