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HEMPHILL COUNTY v. RATHJEN

No. 3964.

389 S.W.2d 365 (1965)

HEMPHILL COUNTY, Texas, Appellant, v. Harry RATHJEN, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 23, 1965.

Attorney(s) appearing for the Case

J. D. Crow, County Atty., Canadian, for appellant.

Allen, Allen & Reavis, Jack M. Allen, Perryton, for appellee.

COLLINGS, Justice.

Hemphill County brought suit on May 19, 1964 against Harry Rathjen seeking to recover money alleged to have been wrongfully withheld by defendant when he terminated his position as tax assessor and collector for the county. The defendant pleaded the two year statute of limitation and filed a motion for summary judgment. The court sustained the defendant's plea of limitation and dismissed the suit. Hemphill County has appealed urging one point contending...

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