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CITY OF AUSTIN v. PHIPPS

No. A-8023.

344 S.W.2d 673 (1961)

CITY OF AUSTIN, Petitioner, v. William C. PHIPPS, Respondent.

Supreme Court of Texas.

Rehearing Denied April 12, 1961.

Attorney(s) appearing for the Case

Doren R. Eskew, City Atty., C. J. Taylor, Jr., and Thomas R. Hunter, Assts. City Atty., Austin, for petitioner.

Cofer & Cofer, Austin, Douglass D. Hearne, Austin, of firm, for respondent.

STEAKLEY, Justice.

Respondent, William C. Phipps, sued petitioner, City of Austin, for a judgment declaring and establishing his rights to an injury leave of absence under the provisions of Section 26 of Article 1269m, Vernon's Annotated Civil Statutes. Section 26, as relevant here, reads as follows:

"Provided that all such cities coming under the provisions of this Act shall provide injury leaves of absence with full pay for periods of time commensurate...

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