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STATE v. LLOYD

No. 10-98-122-CV.

994 S.W.2d 362 (1999)

The STATE of Texas, Appellant, v. Michael G. LLOYD, Appellee.

Court of Appeals of Texas, Waco.

June 9, 1999.

Attorney(s) appearing for the Case

Hector J. Flores, Asst. Atty. Gen., Austin, for appellant.

Eward C. Berliner, Law Offices of Edward Berliner, Austin, for appellee.

Before Chief Justice DAVIS Justice CUMMINGS and Justice VANCE.

OPINION

REX D. DAVIS, Chief Justice.

Appellee Michael G. Lloyd settled a negligence lawsuit with a third party for injuries Lloyd sustained while acting in the course and scope of his employment with the Texas Department of Transportation (hereinafter, the "State"). The State did not actively participate in Lloyd's suit against the third party. The court awarded Lloyd's counsel one-third of the State's workers' compensation subrogation lien as attorney's...

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