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FAZEKAS v. UNIVERSITY OF HOUSTON

No. 17072.

565 S.W.2d 299 (1978)

Gabriel A. FAZEKAS, Appellant, v. The UNIVERSITY OF HOUSTON et al., Appellees.

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

Rehearing Denied April 27, 1978.

Attorney(s) appearing for the Case

Sears & Burns, Will Sears, Robert L. Burns, Michael T. Powell, Houston, for appellant.

John L. Hill, Atty. Gen. of Texas, David M. Kendall, First Asst. Atty. Gen., Robert Steve Bickerstaff, Jr., Lonny F. Zwiener, Asst. Attys. Gen., Austin, for appellees.

COLEMAN, Chief Justice.

This suit was instituted by Gabriel A. Fazekas for the purpose of recovering salary and retirement benefits denied him by reason of the adoption by the University of Houston of a regulation requiring retirement at age 65. The case was tried to the court and at the conclusion of the evidence, the court sustained special exceptions which he had carried with the case and on the plaintiff's refusal to amend, entered a judgment dismissing the case...

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