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CITY OF COLUMBUS v. BARNSTONE

No. 01-94-00260-CV.

921 S.W.2d 268 (1995)

CITY OF COLUMBUS, Appellant, v. George BARNSTONE, Appellee.

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

August 3, 1995.

Attorney(s) appearing for the Case

William S. Helfand, Charles T. Jeremiah, Tina Snelling, Houston, for appellant.

Robert O'Conor, Jr., Robert D. O'Conor, Houston, for appellee.

Before WILSON, MIRABAL and DUGGAN, JJ.

OPINION ON REHEARING

WILSON, Justice.

We grant appellant's motion for rehearing, withdraw our previous opinion and judgment, and substitute the following. We deny appellant's request for en banc reconsideration as moot.

Appellant, the City of Columbus (the City), appeals the denial of its motion for summary judgment, pursuant to TEX.CIV.PRAC. & REM. CODE ANN. § 51.014(5) (Vernon Supp.1995). Appellee, George Barnstone, brought suit against...

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