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SMITH v. CITY OF AUSTIN

No. 12-83-0094-CV.

670 S.W.2d 743 (1984)

Marshalene Louise SMITH, Individually and as next Friend of Trevor Shane Smith and Olivia Leigh Smith, Appellant, v. CITY OF AUSTIN, Appellee.

Court of Appeals of Texas, Tyler.

April 26, 1984.

Attorney(s) appearing for the Case

Jeff Smith, Lyon & Smith, Mesquite, for appellant.

Malon B. Gary, Asst. City Atty., Austin, for appellee.

McKAY, Justice.

This is an appeal complaining of the refusal of the trial court to award a lump sum attorneys' fee in a worker's compensation death case. Lee Craig Smith, who was employed in the Police Department of the City of Austin, died as a result of a motorcycle accident. He was survived by his wife, Marshalene Louise Smith, and two of his minor children, Trevor Shane Smith and Olivia Leigh Smith. He was also survived by another son by a previous marriage, Steven...

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