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CITY OF HOUSTON v. CLARK

No. 14-03-00399-CV.

142 S.W.3d 350 (2004)

CITY OF HOUSTON, Appellant v. Donald CLARK, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled August 26, 2004.

Attorney(s) appearing for the Case

Timothy J. Higley, Dola J. Young, Houston, for appellant.

E. Troy Blakeney, Richard Charles Mumey, Houston, for appellee.

Panel consists of Justices EDELMAN, FROST, and GUZMAN.

Rehearing En Banc Overruled August 26, 2004.

OPINION

RICHARD H. EDELMAN, Justice.

In this fire fighter disciplinary action, the City of Houston (the "city") appeals a summary judgment entered in favor of Donald Clark on the grounds that: (1) an individual other than the Fire Chief may be appointed to temporarily assume the chief's duties when the chief is unavailable to perform them; and (2) the hearing examiner was without jurisdiction to rule on...

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