Texas Southern University v. State Street Bank and Trust Company, CMS Viron Corporation

Opinion issued January 11, 2006

In The

Court of Appeals

For The

First District of Texas

NOS. 01-05-00758-CV

01-06-00497-CV

__________

TEXAS SOUTHERN UNIVERSITY, Appellant

V

STATE STREET BANK AND TRUST COMPANY,

CMS VIRON CORPORATION, AND

CMS ENERGY RESOURCE MANAGEMENT COMPANY, Appellees

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2002-54422

CONCURRING AND DISSENTING OPINION ON REHEARING

I withdraw my concurring and dissenting opinion issued June 8, 2006 and substitute this opinion in its stead. To the extent this case may be properly construed as a breach of contract…