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CITY OF DALLAS v. WHATLEY

No. 05-83-00854-CV.

754 S.W.2d 233 (1984)

CITY OF DALLAS, Texas, Appellant, v. Ronnie WHATLEY, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied November 27, 1984.

Attorney(s) appearing for the Case

Robert S. Dickey, Asst. City Atty., Dallas, for appellant.

Bertran T. Bader, III, Cox & Bader, Dallas, for appellee.

Before STEPHENS, SPARLING and ROWE, JJ.

ROWE, Justice.

This is a summary judgment case in which Ronnie Whatley recovered from the City of Dallas, as a self-insurer, its full policy limits for those damages for which Whatley had been awarded a judgment in federal court against a city policeman. The city contends that its policy covered only negligent acts of the policeman and that the federal judgment was based not on negligence but solely on willful and malicious acts, for which coverage was excluded. We...

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