INSTRUMENT SPEC. v. TX EMPLOYMENT COM'N

Nos. 2-95-224-CV, 2-96-011-CV.

924 S.W.2d 420 (1996)

INSTRUMENT SPECIALTIES COMPANY, INC., Appellant, v. TEXAS EMPLOYMENT COMMISSION, Richard E. Borkowski, Jeane Muncy, Robert E. Chambers, and Fred E. Ramsey, Appellees. INSTRUMENT SPECIALTIES COMPANY, INC., Appellant, v. TEXAS EMPLOYMENT COMMISSION and James R. Garrett, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 18, 1996.


Attorney(s) appearing for the Case

Joseph A. McDermott, III, Houston, for Appellant.

Dan Morales, Attorney General of Texas; Jorge Vega, First Assistant Attorney General; Laquita Hamilton, Deputy Attorney General for Litigation; Lucy Glover, Assistant Attorney General Chief, Taxation Division; Thomas J. Meaney, Assistant Attorney General, Austin, Andrew C. Rector, H. Allen Pennington, Law, Snakard & Gambill, Fort Worth, for Appellees.

Anne Marie Finch, Thompson & Knight, P.C., Houston, for Richard Borkowski in cause number 2-95-224-CV only.

Before DAY, LIVINGSTON and HOLMAN, JJ.


OPINION

DAY, Justice.

Appellant Insco1 appeals the dismissal of its lawsuit to set aside an unfavorable Texas Employment Commission ruling under the Texas Payday Act. Because Insco failed to diligently serve mandatory parties, we affirm the trial court's dismissal of the case.

Factual Background

Five former Insco employees filed claims under the Texas Payday Act with the TEC. The TEC determined that Insco owed...

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