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CITY OF GARLAND v. HUSTON

No. 05-85-00300-CV.

702 S.W.2d 697 (1985)

CITY OF GARLAND, Texas d/b/a Garland Power and Light, Appellant, v. Pam HUSTON, Individually and as Guardian of the Persons and Estate of Brian Allen Huston and Bradley Kyle Huston, Minors, and as Dependent Administrator of the Estate of Dennis D. Huston; Helen M. Huston, Ralph M. Huston; and Pam Huston's Attorneys of Record, Carl Luna, Kenneth A. Garner, and the Firm, Luna & Ballard, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied January 16, 1986.

Attorney(s) appearing for the Case

Charles M. Hinton, Jr., City Atty., Hermon L. Veness, Jr., Asst. City Atty., Garland, for appellant.

Carl Luna, Kenneth A. Garner, Garland, for appellees.

Before STEPHENS, WHITHAM and HOWELL, JJ.

STEPHENS, Justice.

The City of Garland appeals from the trial court's allocation of attorney's fees pursuant to article 8307, section 6a of the Act.1 The City contends that appellees' attorneys were not entitled to attorney's fees out of the City's subrogation recovery because (1) the attorney's services were not rendered on behalf of the City, (2) there existed a conflict of interest between the City and the appellees, and (3) appellees...

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