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PG & E Gas Transmission v. City of Edinburg

The trial court improperly limited the Most Favored Nations Clause to the undefined "Rio Grande Valley" area and erred in not granting the City's motion for partial summary judgment.

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On appeal from the 92nd District Court of Hidalgo County, Texas.

ORDER ON FURTHER REHEARING

The City of Edinburg (“City”) has requested further review of our previous order on rehearing. The City contends that we affirmed the trial court’s judgment on Southern Union’s motion for summary judgment on a ground not presented in the motion. Southern Union responds that if the City is now contending that the motion was ambiguous, it has waived that complaint because it did not specially except to the motion for summary judgment. We grant the City’s motion for further rehearing.

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