Opinion issued December 31, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00399-CV

METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS, Appellant

V.

CUBIC TRANSPORTATION SYSTEMS, INC., Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2005-17997

MEMORANDUM OPINION ON

MOTION FOR EN BANC RECONSIDERATION

          Appellee Cubic Transportation Systems, Inc. has filed a motion for en banc reconsideration. A majority of the en banc court did not vote to reconsider, and en banc reconsideration is denied. See Tex. R. App. P. 49.7.

                                                             Sam Nuchia

                                                             Justice

En banc court consists of Chief Justice Radack and Justices Taft, Nuchia, Jennings, Keyes, Alcala, Hanks, Higley, and Bland.

Justices Alcala and Bland vote to grant en banc reconsideration.

Justice Keyes, dissenting.