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LUKES v. EMPLOYEES RETIREMENT SYSTEM

No. 03-00-00803-CV.

59 S.W.3d 838 (2001)

Scott A. LUKES, Appellant, v. EMPLOYEES RETIREMENT SYSTEM OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

November 1, 2001.

Attorney(s) appearing for the Case

James Bryon Franks, Friedman & Franks, P.C., Fort Worth, for Appellant.

Raymond C. Winter, Assistant Attorney General, Administrative Law Division, Austin, for Appellee.

Before ABOUSSIE, C.J., YEAKEL and PURYEAR, JJ.

LEE YEAKEL, Justice.

Appellant Scott A. Lukes applied for occupational disability retirement benefits through the Employees Retirement System of Texas ("ERS"). After the ERS Board of Trustees (the "Board") denied his claim, Lukes filed suit in district court seeking judicial review of the Board's interpretation of "occupational disability." See Tex. Gov't Code Ann. § 811.001(12) (West Supp.2001). The district court dismissed Lukes's case for want of jurisdiction...

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