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TEXAS DEPT. OF PUBLIC SAFETY v. KUSENBERGER

No. 04-98-00606-CV.

29 S.W.3d 154 (2000)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Alyn Raye KUSENBERGER, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 12, 2000.

Attorney(s) appearing for the Case

Andres Cedillos, Asst. Director of Hearings, J. Frank Davis, Attorney IV — Hearings Atty., San Antonio, Melissa Milich, Hearing Atty., Corpus Christi, Texas Dept. of Public Safety, for Appellant.

Marvin B. Zimmerman, The Zimmerman Law Firm, P.L.L.C., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LOPEZ, Justice.

OPINION

Opinion by: ALMA L. LOPEZ, Justice.

This court's opinion and judgment dated May 10, 2000, were withdrawn by order dated May 19, 2000. This court's opinion and judgment dated March 24, 1999 are withdrawn, and this opinion and judgment are substituted. Appellant's motion for rehearing is granted.

The appellant, the Texas Department of Public Safety (DPS), appeals the trial court's judgment reversing an administrative law judge's order suspending...

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