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THEIS v. CITY OF SAN ANTONIO

No. 6634.

555 S.W.2d 931 (1977)

Ralph Wayne THEIS, Appellant, v. CITY OF SAN ANTONIO, acting by and through its Water Works Board of Trustees of San Antonio, Appellee.

Court of Civil Appeals of Texas, El Paso.

September 21, 1977.

Attorney(s) appearing for the Case

James G. Murry, San Antonio, for appellant.

James M. Parker, City Atty., San Antonio, Sawtelle, Goode, Davidson & Troilo, Robert Sawtelle, John W. Davidson, Arthur C. Troilo, Jr., Richard A. Flume, Jr., San Antonio, for appellee.

OPINION

WARD, Justice.

This appeal complains of a judgment granting the Defendant's Plea in Abatement and dismissing the cause of action because a prior suit between the same parties had been tried and was still pending upon appeal. We affirm.

The facts are not in dispute. Ralph Wayne Theis was employed as Supervisor of the Construction and Inspection Division of the Water Works of the City of San Antonio. He was suspended from that position without...

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