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TODD v. CITY OF HOUSTON

No. 16235.

508 S.W.2d 140 (1974)

Neal B. TODD, Appellant, v. The CITY OF HOUSTON et al., Appellees.

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

Rehearing Denied April 11, 1974.

Attorney(s) appearing for the Case

Wandel & Bousquet, R. D. McPherson, Houston, for appellant; T. G. Bousquet, Houston, of counsel.

William A. Olson, City Atty., F. William Colburn, Sr. Asst. City Atty., Alan F. Levin, Asst. City Atty., Houston, for appellees.

ON MOTION FOR REHEARING

PEDEN, Justice.

On January 17, 1974 we filed two opinions in this case, ordering that one of them not be published pursuant to Rule 452, Texas Rules of Civil Procedure.

We now grant the appellant's motion for rehearing, withdraw both of the opinions filed on January 17, 1974, and substitute for them the opinion that follows.

Neal B. Todd appeals from the granting of a summary judgment in favor of the

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