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BENSON v. CITY OF SAN ANTONIO

No. 04-85-00578-CV.

715 S.W.2d 143 (1986)

Vernon and Rita BENSON, Appellants, v. The CITY OF SAN ANTONIO Acting By and Through its WATER WORKS BOARD OF TRUSTEES, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied August 20, 1986.

Attorney(s) appearing for the Case

John L. Quinlan, III and Per Hardy, San Antonio, for appellants.

Arthur C. Troilo III, Sawtelle, Goode, Davidson & Troilo, San Antonio, for appellee.

Before ESQUIVEL, TIJERINA and DIAL, JJ.

OPINION

DIAL, Justice.

This is an appeal of a summary judgment involving the 90-day Notice of Claim provision of the San Antonio City Charter.

The appellants, Bensons, filed a law suit alleging that agents of the defendant were responsible for water damage to the plaintiffs' rental property. The defendant answered and filed a motion for summary judgment alleging that the plaintiffs failed to give the proper 90 days written notice as required by section...

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