Todd v. City of Houston

ON MOTION FOR REHEARING

PEDEN, Justice.

On January 17, 1974 we filed two opinions in this case, ordering that one of them not be published pursuant to Rule 452, Texas Rules of Civil Procedure.

We now grant the appellant’s motion for rehearing, withdraw both of the opinions filed on January 17, 1974, and substitute for them the opinion that follows.

Neal B. Todd appeals from the granting of a summary judgment in favor of the City of Houston and from the denial of his motion for summary judgment. He was a lieutenant in the Houston Police Department when he received a written statement of indefinite…