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CITY OF HOUSTON v. WILBURN

No. 01-12-00913-CV.

445 S.W.3d 361 (2013)

The CITY OF HOUSTON, Appellant v. Shane WILBURN, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 2, 2013.

Attorney(s) appearing for the Case

Timothy J. Higley , David M. Feldman , Lynette K. Fons , Donald J. Fleming , City of Houston Legal Department, Houston, TX, for Appellant.

Vincent Lee Marable III , Paul Webb, P.C., Wharton, TX, Richard C. Mumey , The Mumey Law Firm, P.L.L.C., Houston, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and BLAND.

OPINION

JANE BLAND, Justice.

The City of Houston Fire Department placed Captain Shane Wilburn on indefinite suspension — the equivalent of termination — from his captain position, based on Wilburn's positive results in a random drug test. After the Police Officers and Firefighters' Civil Service Commission of Houston (Commission) upheld the department's disciplinary action, Wilburn sued the City for reinstatement and sought a declaration that...

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