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CITY OF HOUSTON v. CLARK

No. 14-03-00399-CV.

252 S.W.3d 561 (2008)

The CITY OF HOUSTON, Appellant, v. Donald CLARK, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Substitute Concurring Opinion April 22, 2008.

Attorney(s) appearing for the Case

Timothy J. Higley, Houston, for appellant.

E. Troy Blakeney, Richard Charles Mumey, Houston, for appellee.

Panel consists of Justices FROST, GUZMAN, and EDELMAN.

MAJORITY OPINION

KEM THOMPSON FROST, Justice.

In this appeal regarding disciplinary action taken against a member of the Houston Fire Department, the City of Houston challenges a summary judgment granted in favor of that member, alleging (1) error in the district court's declaratory judgment that an acting fire chief lacks authority to suspend fire department members, and (2) error by the district court in concluding that the hearing examiner did not exceed...

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