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ANDREWS v. PROCTOR

No. 07-95-0399-CV.

950 S.W.2d 750 (1997)

Mary ANDREWS, in her Official Capacity as Civil Service Director, of the City of Lubbock, Texas, and as Managing Director of Human Resources for the City of Lubbock, Texas; Ken Walker, in his Official Capacity as chief of Police of the City of Lubbock, Texas; and the City of Lubbock, Texas, Appellants, v. Richard Dewayne PROCTOR, Hugh Glen Osborn, and John Yeates, Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled September 23, 1997.

Attorney(s) appearing for the Case

Cecil Kuhne and William J. Wade, Crenshaw, Dupree & Milam, L.L.P., Jean E. Shotts, Jr., Jeff Hartsell, City of Lubbock, Lubbock, for appellants.

Christian J. Gros, Combined Law Enforcements Associations of Texas, San Antonio, Denette Vaughn, Lubbock, G. Stewart Whitehead, Asst. Atty. Gen., Dan Morales, Jorge Vega, Laquita A. Hamilton and Toni Hunter, Austin, for appellees.

Before BOYD, C.J., DODSON, J., and REYNOLDS, Senior Justice.

DODSON, Justice.

We withdraw our original opinion in this appeal, dated August 6, 1996, and substitute this opinion in lieu thereof.

Mary Andrews, in her official capacity as Civil Service Director of the City of Lubbock, Texas, and Managing Director of Human Resources for the City of Lubbock; Ken Walker, in his official capacity as Chief of Police of the City of Lubbock, Texas, (Chief Walker); and the City of Lubbock, Texas (collectively referred to herein...

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