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CITY OF AUSTIN v. COOK

No. 10737.

343 S.W.2d 545 (1961)

CITY OF AUSTIN, Appellant, v. Tommie Lee COOK, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 1, 1961.

Attorney(s) appearing for the Case

Doren R. Eskew, City Atty., C. J. Taylor, Jr., Thomas R. Hunter, Asst. City Attys., Austin, for appellant.

E. H. Grindstaff, Weatherford, F. L. Kuykendall, Byrd & Davis, Austin, for appellee.

HUGHES, Justice.

Our opinion reversing and remanding this case is found in 333 S.W.2d 398.

On November 30, 1960, the Supreme Court, by a per curiam opinion, 340 S.W.2d 482, held we erred in ordering a reversal on the ground given and remanded this cause to this Court in order that we might pass upon points not previously considered.

We now overrule the point upon which our reversal...

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