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BOYETT v. CITY OF COLLEGE STATION

No. 15742.

465 S.W.2d 203 (1971)

A. P. BOYETT, Sr., et al., Appellants, v. CITY OF COLLEGE STATION, Texas, Appellee.

Court of Civil Appeals of Texas, Houston (1st District.).

Rehearing Denied April 8, 1971.

Attorney(s) appearing for the Case

Patman & Patman, Philip F. Patman, Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., J. C. Davis, W. O. Shultz, Asst. Attys. Gen., Austin, for appellant.

Baker & Botts, Frank G. Harmon, S. Byron Balbach, Jr., Houston, for appellee.

PEDEN, Justice.

This is an appeal from the granting of a declaratory judgment by the District Court of Brazos County in a class action. After a non-jury trial the court held, among other things, that the employees of Texas A. & M. University are eligible to hold non-salaried positions with the City of College Station, Texas and to receive their salaries from the University while doing so.

It is uncontroverted that on June 19, 1970, more than a month prior...

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