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ATTORNEY GENERAL v. JOHNSON

No. 2-89-106-CV.

791 S.W.2d 200 (1990)

ATTORNEY GENERAL OF the STATE OF TEXAS, Appellant, v. Joyce Onsare JOHNSON, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled June 13, 1990.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Patrick J. Feeny and Christopher L. Rhodes, Asst. Attys. Gen., Austin, for appellant.

Sweat & Cochran, and David R. Sweat, Arlington, for appellee.

Before WEAVER, C.J., and FARRIS and DAY, JJ.

OPINION

FARRIS, Justice.

The Attorney General appeals a judgment awarding Johnson attorney's fees and court costs pursuant to TEX.CIV.PRAC. & REM.CODE ANN. Ch. 105 (Vernon 1986), which permits the recovery of litigation expenses when a State agency asserts a cause of action that a court finds to be frivolous, unreasonable, or without foundation.

The Attorney General alleged Johnson fraudulently concealed her employment in order to recover worker...

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