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BENEDICT v. CITY OF FORT WORTH

No. 17056.

447 S.W.2d 451 (1969)

Paul BENEDICT, Appellant, v. CITY OF FORT WORTH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 5, 1969.

Attorney(s) appearing for the Case

Kelly Jacobs, Richard H. Moore, Jr., and John W. Hughes, Fort Worth, for appellant.

S. G. Johndroe, Jr., City Atty., and Henry C. Meyer, Asst. City Atty., Fort Worth, for appellee.

OPINION

RENFRO, Justice.

This is an appeal by plaintiff, Paul Benedict, from a judgment dismissing his case against the City of Fort Worth; the dismissal was based upon plaintiff's failure to comply with the jurisdictional prerequisites and conditions to maintain suit as set forth in Sec. 26, Chapter XXVIII of the Charter of the City of Fort Worth.

Material allegations in plaintiff's First Amended Original Petition were, (II) plaintiff (a city employee...

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