McCLURE v. REED

No. 12-98-00217-CV.

997 S.W.2d 753 (1999)

Gary McCLURE and State of Texas-Texas Department of Transportation, Appellants, v. Etta Marie REED, Frederick Gunter, Lamona Gunter and Estevan Carvajal, Appellees.

Court of Appeals of Texas, Tyler.

June 30, 1999.


Attorney(s) appearing for the Case

L. Alan Grundy, Austin, for appellant.

Kerry L. Russell, Tyler, J. Patrick Spruiell, Canton, Sean W. Hester, Tyler, for appellees.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.


OPINION ON MOTION FOR REHEARING

JIM WORTHEN, Justice.

Appellants Texas Department of Transportation ("the State") and Gary McClure, an employee of the State ("McClure"), filed a motion for rehearing in this matter. The court grants Appellant's motion, and this court's previous opinion of March 31, 1999, is withdrawn, and the following opinion issued.

The State and McClure urged this interlocutory appeal of the trial court's order denying their...

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