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LESTER v. COUNTY OF TERRY, TEXAS

Civ. A. No. 5-1019.

353 F.Supp. 170 (1973)

William J. LESTER, Plaintiff, v. COUNTY OF TERRY, TEXAS, Defendant.

United States District Court, N. D. Texas, Lubbock Division.

January 8, 1973.

Attorney(s) appearing for the Case

Johnny Splawn, Splawn Law Offices, Inc., Lubbock, Tex., for plaintiff.

Tom S. Milam, Crenshaw, Dupree & Milam, Lubbock, Tex., for defendant.

MEMORANDUM AND ORDER

WOODWARD, District Judge.

The present case is a diversity action before the Court on defendant's motion to dismiss and defendant's motion to strike paragraphs III and VII of plaintiff's first amended original complaint. The motion to dismiss presents a question of first impression under the Texas Tort Claims Act (T.T.C.A.), Tex.Rev. Civ.Stat.Ann. art 6252-19.

Plaintiff was employed on or about September 17, 1971, by defendant...

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