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SOUDER v. CANNON

No. 2-06-378-CV.

235 S.W.3d 841 (2007)

Bill SOUDER, Immediate Past Mayor of the City of Hurst, Texas, Richard Ward, Mayor of the City of Hurst, Texas, Charles Swearengen, Mayor Pro Tem of the City of Hurst, Texas, Larry Kitchens, City Council Member, of the City of Hurst, Texas, Henry Wilson, City Council Member of the City of Hurst, Texas, Bill McLendon, City Council Member of the City of Hurst, Texas, Anna Holzer, City Council Member of the City of Hurst, Texas, Allan Weegar, City Manager of the City Of Hurst, Texas, Allan Heindel, Deputy City Manager of the City of Hurst, Texas, and Eric Johnson, Project and Facilities Manager for the City of Hurst, Texas, Appellants, v. Charlie CANNON, pro se, d/b/a Charlie Cannon Contracting and Ted Doolan, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled October 4, 2007.

Attorney(s) appearing for the Case

Harrison & Steck, P.C., Henry E. Steck and Stephen D. Harrison, Fort Worth, for Appellants.

Lin Morrisett, Fort Worth, for Appellees.

PANEL B: LIVINGSTON, WALKER, and McCOY, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

I. Introduction

Appellants Allan Weegar, Richard Ward, Allan Heindel, Eric Johnson, Charles Swearengen, Larry Kitchens, Henry Wilson, Bill McLendon, Anna Holzer, and Bill Souder, all of whom are city officials1 in Hurst, Texas, filed this interlocutory appeal from the trial court's denial of their motion for summary judgment based on the affirmative defense of official immunity. In...

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