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CITY OF HOUSTON v. TYRA

No. A14-88-463-CV.

786 S.W.2d 457 (1990)

CITY OF HOUSTON, et al., Appellants, v. Lester W. TYRA, et al., Appellees/Cross Appellants.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied March 29, 1990.

Attorney(s) appearing for the Case

Robert J. Collins, Houston, for appellants.

Gene Jones, Thomas R. Steinmeyer, Houston, for appellees.

Before J. CURTISS BROWN, C.J., and JUNELL and DRAUGHN, JJ.

OPINION

JUNELL, Justice.

This is an appeal by the City of Houston from a final judgment permanently enjoining and restraining the Fire Chief from implementing or applying Houston Fire Department Order No. 4 ("Order No. 4"), a procedure which would test the ability of each firefighter to perform job related tasks within a prescribed period of time. The city brings two points of error alleging: (1) no evidence and/or insufficient evidence to support the trial...

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