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CITY OF ATHENS v. MACAVOY

No. 12-07-00434-CV.

260 S.W.3d 676 (2008)

CITY OF ATHENS, Appellant, v. James MACAVOY, Appellee.

Court of Appeals of Texas, Tyler.

July 31, 2008.

Attorney(s) appearing for the Case

F. Denise Russell, Bettye Lynn, for appellant.

Christopher D. Livingston, for appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.

OPINION

BRIAN HOYLE, Justice.

The City of Athens, Texas appeals from the trial court's order dismissing the City's appeal from a hearing examiner's decision to reinstate James MacAvoy as a police officer. In two issues, the City argues that the trial court should have considered its arguments that the hearing examiner exceeded his jurisdiction by applying or by applying and misconstruing Subsection 614.023(b) of the government code. We

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