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BARRETT v. CITY OF DALLAS

No. 18032.

490 S.W.2d 605 (1973)

Foy Granvil BARRETT, Appellant, v. CITY OF DALLAS, Appellee.

Court of Civil Appeals of Texas, Dallas.

January 18, 1973.

Attorney(s) appearing for the Case

Michael Greenberg, Parnass, Clement & Cline, Irving, for appellant.

J. Alex Bickley, City Atty., Peter Thompson, Asst. City Atty., Dallas, for appellee.

BATEMAN, Justice.

The appellant Foy Granvil Barrett sued the appellee City of Dallas to recover damages for personal injuries allegedly suffered by him while employed by the City. The trial court sustained appellee's motion for summary judgment because of appellant's failure to give the written notice required by Section 1 of Chapter XXVIII of the Charter of the City of Dallas, as follows:

"The City of Dallas shall never be liable for any personal injury...

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