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CITY OF DALLAS v. TEXAS EMPLOYMENT COM'N

No. 8940.

626 S.W.2d 549 (1981)

CITY OF DALLAS, a Municipal Corporation, Appellant, v. TEXAS EMPLOYMENT COMMISSION and Charles A. Gulden, Appellees.

Court of Appeals of Texas, Texarkana.

November 10, 1981.

Attorney(s) appearing for the Case

Lee Holt, City Atty., Gary E. Keane, Asst. City Atty., Dallas, for appellant.

Mark White, Atty. Gen. of Texas, Marilynn Bailey, Asst. Atty., Gen., Austin, Kenneth H. Molberg, Wilson, Williams & Molberg, Dallas, for appellees.

CORNELIUS, Chief Justice.

Charles Gulden was discharged from his position as a right-of-way agent for the Dallas Public Works Department because of his refusal to take a polygraph test in connection with an investigation of a bomb threat. The Texas Employment Commission ruled that Mr. Gulden's refusal to submit to the test did not constitute misconduct as that term is used in Tex.Rev.Civ. Stat.Ann. art. 5221b-3(b),1 and awarded him unemployment...

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