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COLE v. TEXAS ARMY NAT. GUARD

No. 03-94-00612-CV.

909 S.W.2d 535 (1995)

Peter C. COLE, Appellant, v. TEXAS ARMY NATIONAL GUARD and Adjutant General Sam C. Turk, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 30, 1995.

Attorney(s) appearing for the Case

John R. Vasquez, Van Os, White & Vasquez, Austin, for appellant.

Dan Morales, Atty. Gen., Lisa Paul Hodges, Asst. Atty. Gen., General Litigation Div., Austin, for appellees.

Before POWERS, KIDD and B.A. SMITH, JJ.

POWERS, Justice.

Lieutenant-Colonel Peter C. Cole appeals from a district-court judgment that dismisses for want of subject-matter jurisdiction his actions against the Texas Army National Guard, Adjutant General Sam C. Turk, and two unknown officers of the Texas Army National Guard designated "Richard Roe" and "John Doe." Concluding the district court had subject-matter jurisdiction, we will reverse the judgment below and remand the cause to the district court.

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