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ACKERS v. CITY OF LUBBOCK

No. 07-06-0421-CV.

253 S.W.3d 770 (2007)

Larry ACKERS, Appellant, v. CITY OF LUBBOCK, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled January 3, 2008.

Attorney(s) appearing for the Case

Lamar D. Treadwell, Santa Fe, NM, for Appellant.

George L. Thompson III, Thompson & Kerby P.C., Lubbock, TX, for Appellee.

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

OPINION

MACKEY K. HANCOCK, Justice.

Appellant, Larry Ackers, appeals the trial court's judgment granting appellee's, the City of Lubbock, Plea to the Jurisdiction and dismissing his claims with prejudice. We reverse the judgment and remand the case to the trial court.

Background

According to Ackers's live pleadings,1 on April 23, 2005, Ackers learned that a youth basketball game was being played in the gymnasium...

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