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http://www.sanantoniolightning.com/snitchtoll.html

I Toll You So!
Zachry Construction Threatens
Lightning With Legal Charges
'Don't Dare To Publish It!!'
SAL POLITICAL SNITCH
06/13/2005

Oh Mama!

The following is a response to my boss, RG Griffing, and his consideration of publishing "secret" provisions of the toll road construction contracts in and around San Antonio.

The email below came from Zachry Group.

The corporate construction giant is a major player in the toll road hustle.

Zachry management is not amused.

Read on.

Mr. Griffing:

This message confirms our earlier discussion in which we advised you that disclosure of materials contained in proposals to the Texas Department of Transportation(TxDOT)could constitute the misappropriation of valuable trade secrets of Zachry Construction Company, its partners,affiliates and other companies whose information is contained in those proposals.

We caution you that Texas law provides a mechanism for (1) the disclosure of information that is "public" and(2)the protection of confidential and proprietary trade secret information. Based on what you have told us, publication of the information you are considering publishing would be contrary to those laws, and cause significant damage to the private parties involved.

If you participate in any public release of such information we will take all actions permissible under the law to pursue our remedies including seeking financial compensation for our damages. In addition to private parties pursuing their own remedies, we would contact appropriate officials regarding whether your actions violate Section 552.352 of the Government Code, which makes it a criminal act to distribute information considered confidential under the terms of the public information act.

To the extent you come into possession of such information through unofficial means we urge you to immediately return all copies to TxDOT, and provide TxDOT all information you have about the person who distributed the confidential information to you. We recommend that if you wish to obtain information about or contained in any proposal you contact the Department of Transportation which can process your request in the manner specified by law, and release what is eligible to be released.

Victoria J. Waddy

Director of Public Affairs and Attorney

Zachry Group, Inc.

310 S. St. Mary's St. Suite 2400

San Antonio, Texas 78205

- Developing -

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