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  5. 754 S.W.2d 267 (1988)
 

EL PASO COUNTY v. HILL

No. 08-87-00260-CV.

754 S.W.2d 267 (1988)

COUNTY OF EL PASO, Appellant, v. Willie HILL, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied July 20, 1988.

Attorney(s) appearing for the Case

Joe Lucas, Co. Atty., El Paso, for appellant.

Gordon Stewart, Schwartz, Earp, McClure, Cohen & Stewart, El Paso, for appellee.

Before SCHULTE, FULLER and WOODARD, JJ.

OPINION

WOODARD, Justice.

This is an appeal from a judgment in the amount of $42,360.00, plus interest and attorney's fees. We reverse and remand.

Appellee was a deputy sheriff from 1972 until 1985. He was injured in the course of his employment on September 14, 1984. Upon taking office on January 1, 1985, a newly elected sheriff declined to re-deputize him.

In a bench trial, the court found that the sheriff's failure to re-deputize the Appellee...

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