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EMPLOYEES RETIREMENT SYS. TEXAS v. DUENEZ

No. 07-0410.

288 S.W.3d 905 (2009)

EMPLOYEES RETIREMENT SYSTEM OF TEXAS, Petitioner, v. Xavier DUENEZ and Irene Duenez, Respondents.

Supreme Court of Texas.

July 3, 2009.

Attorney(s) appearing for the Case

Greg W. Abbott, Attorney General of Texas, Kent C. Sullivan, First Asst. Atty. Gen., David S. Morales, Rafael Edward Cruz, Office of Atty. Gen., Kristofer S. Monson, Asst. Solicitor Gen., Austin, TX, for Petitioner.

Cynthia T. Sheppard, Cuero, TX, David C. Griffin, John W. Griffin Jr., Marek, Griffin & Knaupp L.L.P., Victoria, TX, Ruth A. Kollman, Corpus Christi, TX, for Respondents.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice O'NEILL, Justice MEDINA, Justice GREEN, and Justice WILLETT joined.

The curious question in this case is whether a state agency can demand dismissal of its own claim in court because it failed to exhaust administrative remedies in front of itself. The Employees Retirement System of Texas ("ERS") asserts a subrogation claim against former member Xavier Duenez and his family...

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