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GREEN v. TEXAS EMPLOYMENT COM'N

No. 08-84-00017-CV.

675 S.W.2d 809 (1984)

Don L. GREEN, Appellant, v. TEXAS EMPLOYMENT COMMISSION and the City of Midland, Texas, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Denied October 10, 1984.

Attorney(s) appearing for the Case

Christopher McCormack, Midland, for appellant.

Joe M. Nuessle, City Atty., City of Midland, David Reagan, First Asst. City Atty., Midland, Bill Kimbrough, Asst. Atty. Gen., Austin, for appellees.

Before STEPHEN F. PRESLAR, C.J., and WARD and OSBORN, JJ.

OPINION

OSBORN, Justice.

Don L. Green appeals the trial court's order dismissing his claim for unemployment compensation benefits which was not filed within ten days of the Texas Employment Commission's final decision. Under the terms of Article 5539d, Tex.Rev.Civ. Stat., we hold the petition was timely filed and we reverse and remand.

The facts in this case are undisputed. The controlling dates are:

May 19, 1983    TEC final decision...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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