Motion-Secondary: HARRIS COUNTY TEXAS vs. INTERNATIONAL PAPER COMPANY (SUCCESSOR TO CHAMPION

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                                12/31/2013 11:50:46 AM                          713-755-1451                          Page 1/2




                                                   CAUSE NO. 2011-76724

           HARRIS COUNTY, TEXAS, Plaintiff,                               IN THE DISTRICT COURT OF

           and

           THE STATE OF TEXAS. acting by and
           through the TEXAS COMMISSION ON
           ENVIRONMENTAL QUALITY, 4 Necessary
          and Indispensable Party,                                         HARRIS COUNTY, TEXAS

           Vv.


           INTERNATIONAL PAPER COMPANY,
           McGINNES INDUSTRIAL MAINTENANCE                      §
           CORPORATION, WASTE MANAGEMENT,
           INC., AND WASTE MANAGEMENT OF
           TEXAS, INC., Defendants.
                                                                §         295TH JUDICIAL DISTRICT

                                            CONSOLIDATED CAUSE NO. 2012-58016

           DAO VAN PHO, ¢7 al., Plaintiffs,                     §         IN THE DISTRICT COURT OF
                                                                §
           v,                                                   §
           INTERNATIONAL PAPER COMPANY,                         §          HARRIS COUNTY, TEXAS
           McGINNES INDUSTRIAL MAINTENANCE                      §
           CORPORATION, WASTE MANAGEMENT,                       §
           INC., AND WASTE MANAGEMENT OF
           TEXAS, INC., Defendants.
                                                                §         125TH JUDICIAL DISTRICT

                                            CONSOLIDATED CAUSE NO. 2012-66308

           JIM HARPSTER and JENNIFER HARPSTER, et                         IN THE DISTRICT COURT OF
           al., Plaintiffs,

           v.
                                                                           HARRIS COUNTY, TEXAS
           INTERNATIONAL PAPER COMPANY,
           McGINNES INDUSTRIAL MAINTENANCE
           CORPORATION, WASTE MANAGEMENT,
           INC., AND WASTE MANAGEMENT OF
           TEXAS,       INC., Defendanis.
                                                                           11TH JUDICIAL DISTRICT




          DBI/ 769821141
12/31/2013 11:50:46 AM                          713-755-1451                              Page 2/2




                   ORDER ON STATE’S PLEA TO THE JURISDICTION ON AND SPECIAL
                 EXCEPTIONS TO INTERNATIONAL PAPER COMPANY’S DECLARATORY
                              JUDGMENT AMENDED COUNTERCLAIM


                    The    Court,   having   considered   the State's Plea   to the Jurisdiction   on   and Special

           Exceptions to International Paper Company's Declaratory Judgment Amended Counterclaim,

           responses of the parties, the pleadings on file, and arguments of counsel, DENIES the State’s

           Plea to the Jurisdiction.

                    IT IS SO ORDERED on this                   day of December, 2013.

                                                      BY THE COURT:




                                                      JUDGE CAROLINE BAKER
                                                      DISTRICT COURT JUDGE




         DBI/ 76982114.1