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NEWTH v. ADJUTANT GENERAL'S DEPT. OF TEX.

No. 3-93-516-CV.

883 S.W.2d 356 (1994)

Frederick A. NEWTH, Appellant, v. ADJUTANT GENERAL'S DEPARTMENT OF TEXAS and Executive Department of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 12, 1994.

Attorney(s) appearing for the Case

Frank B. Suhr, New Braunfels, David G. Pfeuffer, Brazle & Pfeuffer, L.L.P., New Braunfels, for appellant.

Dan Morales, Atty. Gen., Ann. F. MacMurray, Asst. Atty. Gen., Austin, for appellees.

Before CARROLL, C.J., and KIDD and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

This appeal requires us to decide whether an employee and member of the Texas National Guard1 may maintain an action against the Adjutant General's Department and the Executive Department of the State of Texas pursuant to Tex.Gov't Code Ann. §§ 554.001.009 (West 1994) (the "Whistleblower Act").2 The trial court dismissed this cause...

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