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MORGAN v. EMPLOYEES' RETIREMENT SYSTEM

No. 3-93-208-CV.

872 S.W.2d 819 (1994)

John W. MORGAN, Appellant, v. EMPLOYEES' RETIREMENT SYSTEM OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

March 16, 1994.

Attorney(s) appearing for the Case

David B. Pittard, Carroll Clarke Cook, Austin, for appellant.

Dan Morales, Atty. Gen., Christopher Maczka, Asst. Atty. Gen., Austin, for appellee.

Before POWERS, JONES and KIDD, JJ.

KIDD, Justice.

This is an appeal from a suit seeking judicial review of an order of appellee Employees' Retirement System of Texas ("ERS") denying appellant John W. Morgan's application for occupational disability retirement benefits. After a hearing, the district court granted the ERS's plea to the jurisdiction and dismissed Morgan's cause with prejudice for lack of jurisdiction. By its order, the district court found Morgan's motion for rehearing failed to preserve...

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