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TEXAS DEPT. OF CRIMINAL JUSTICE v. McELYEA

No. 03-03-00689-CV.

153 S.W.3d 155 (2004)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant, v. Edward McELYEA, Appellee.

Court of Appeals of Texas, Austin.

December 2, 2004.

Attorney(s) appearing for the Case

Russ W. Harris, Asst. Atty. Gen., Austin, for appellant.

Douglas D. Turek, The Turek Law Firm, The Woodlands, for appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

Appellant, Texas Department of Criminal Justice ("TDCJ"), brings this interlocutory appeal from the denial of its plea to the jurisdiction in a case brought by its employee, Edward McElyea, for damages under the Texas Whistleblower Act. Tex. Gov't Code Ann. §§ 554.001-.009 (West 2004). The TDCJ asserted that McElyea's filing in the district court was untimely and...

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