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TEXAS PARKS & WILDLIFE DEPT. v. DEARING

No. 03-03-00131-CV.

150 S.W.3d 452 (2004)

TEXAS PARKS & WILDLIFE DEPARTMENT, Appellant, v. Milburn DEARING; Kenneth Head; and Mike Warren, Individually, and on behalf of all others similarly situated, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 5, 2004.

Attorney(s) appearing for the Case

Richard D. Naylor, Asst. Atty. Gen., Austin, for appellant.

John W. Thomas, Brothers & Thomas, L.L.P., Austin, Fred C. Head, Athens, for appellees.

Before Justices KIDD, B.A. SMITH and PATTERSON.

OPINION

BEA ANN SMITH, Justice.

This is an interlocutory appeal from the denial of a plea to the jurisdiction and the certification of a class action asserting disparate-impact liability for age discrimination under the Texas Commission on Human Rights Act (the "Act"). See Tex. Lab.Code Ann. § 21.051 (West 1996). Appellees Milburn Dearing, Kenneth Head, Mike Warren, and others (collectively Dearing)1 brought...

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