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CITY OF HOUSTON v. CALDWELL

No. 8188.

582 S.W.2d 494 (1979)

CITY OF HOUSTON, Appellant, v. George L. CALDWELL, Appellee.

Court of Civil Appeals of Texas, Beaumont.

April 12, 1979.

Attorney(s) appearing for the Case

Robert M. Collie, Jr., Harriet E. Hubacker, John R. Whittington, Jr., Houston, for appellant.

William G. Nedd, Houston, for appellee.

KEITH, Justice.

We withdraw our prior opinion and substitute this in lieu thereof.

Plaintiff alleged that he was an arson investigator and a member of the Fire Department of the City of Houston; that while on duty with the Fire Department on December 21, 1972, he was stricken with a serious heart attack which rendered him unable to perform his duties, and that he retired from the Fire Department "solely for medical disability to perform his duties." He remained...

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