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STATE v. LUECK

No. 03-05-00510-CV.

212 S.W.3d 630 (2006)

STATE of Texas and Texas Department Of Transportation, Appellants, v. George LUECK, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 17, 2006.

Attorney(s) appearing for the Case

Walter C. Brocato, Assistant Attorney General, Transportation Division, Austin, for Appellants.

Gegory C. Douglass, Brian E. Riewe PC, Austin, for Appellee.

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

OPINION

BEA ANN SMITH, Justice.

George Lueck sued the State of Texas and the Texas Department of Transportation alleging violations of the Texas Whistleblower Act (the "Whistleblower Act"). See Tex. Gov't Code Ann. §§ 554.001-.010 (West 2004).1 The Department filed a plea to the jurisdiction arguing that Lueck had failed to show a clear and unambiguous waiver of sovereign immunity in his claim under the...

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