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INTERSTATE CONTRACTING CORP. v. CITY OF DALLAS, TX

No. 02-10138.

320 F.3d 539 (2003)

INTERSTATE CONTRACTING CORPORATION, Plaintiff-Appellee, v. CITY OF DALLAS, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 4, 2003.

Attorney(s) appearing for the Case

Stephen Robert Miller (argued), Michael Ted Metcalf, Miller Law Firm, Kansas City, MO, Retta A. Miller, Jackson Walker, Dallas, TX, for Plaintiff-Appellee.

Charles S. Estee (argued) and John E. Kirby, Asst. City Attys., Dallas, TX, for Defendant-Appellant.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and DAVIS, District Judge.

DAVIS, District Judge:

This diversity case involves important questions of state law which the Texas courts have not as yet resolved. Accordingly, we certify the unresolved questions of state law raised in this matter to the Supreme Court of Texas.

CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF TEXAS, PURSUANT TO THE TEXAS CONSTITUTION ART. 5, § 3-C AND RULE 58 OF THE TEXAS RULES OF APPELLATE PROCEDURE...

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