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CITY OF SHERMAN v. HENRY

No. 05-94-00055-CV.

910 S.W.2d 542 (1995)

CITY OF SHERMAN, Appellant, v. Otis HENRY, Appellee.

Court of Appeals of Texas, Dallas.

August 28, 1995.

Attorney(s) appearing for the Case

Ronald H. Clark, Wolfe Clark Henderson & Tidwell, L.L.P., Sherman, for appellant.

Robert E. Richardson, Jr., Richardson Law Office, Sherman, for appellee.

Before THOMAS, C.J., and MALONEY and CHAPMAN, JJ.

OPINION ON MOTION FOR REHEARING

THOMAS, Chief Justice.

Appellant's motion for rehearing is granted. We withdraw our opinion of May 25, 1995, and substitute the following opinion in its place. We also vacate our previous judgment.

In this case, we must decide whether a public employee's private, legal sexual conduct is protected under the Texas Constitution. Further, if such a constitutional right of privacy exists, we must decide whether the City...

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