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POTTER COUNTY v. TUCKNESS

No. 07-09-00163-CV.

308 S.W.3d 425 (2010)

POTTER COUNTY, Texas as Plan Administrator for the Health Benefits Plan for the Employees of Potter County, Texas, Appellant, v. Ronda TUCKNESS and Michael Tuckness, Appellees.

Court of Appeals of Texas, Amarillo, Panel D.

March 12, 2010.

Attorney(s) appearing for the Case

David Kemp, Assistant County Attorney, Amarillo, TX, for Appellant.

Michael A. Warner, The Warner Law Firm, Amarillo, TX, for Appellees.

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

OPINION

JAMES T. CAMPBELL, Justice.

Appellant Potter County brings this interlocutory appeal from an order denying its plea to the jurisdiction.1 The County contends it is immune from suit in the underlying action to recover health care benefits brought by appellees Ronda Tuckness and her husband Michael Tuckness. Finding the County's governmental immunity has not been waived, we will reverse the order of the trial court and...

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