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CITY OF ARLINGTON v. MATTHEWS

No. 2-04-317-CV.

228 S.W.3d 172 (2006)

CITY OF ARLINGTON, Texas, Appellant, v. Charles H. MATTHEWS, Appellee.

Court of Appeals of Texas, Fort Worth.

February 9, 2006.

Attorney(s) appearing for the Case

Office of the City of Atty., Frank Waite, Denise Wilkerson, Asst. City Atty's, Arlington, for appellant.

Law Offices of Donald D. Feare, P.C., Donald D. Feare, Arlington, for appellee.

PANEL A: CAYCE, C.J.; LIVINGSTON and McCOY, JJ.

MEMORANDUM OPINION1

JOHN CAYCE, Chief Justice.

The City of Arlington appeals from the trial court's denial of its plea to the jurisdiction on Charles H. Matthews' claims. The primary issue we are called upon to decide is whether the "plead and be impleaded" provision of section 51.075 of the Texas Local Government Code constitutes a waiver of the City's sovereign immunity from suit for Matthews' intentional tort and breach...

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