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EMPLOYERS MUT. CAS. CO. v. STREET

No. 2-85-278-CV.

707 S.W.2d 277 (1986)

EMPLOYERS MUTUAL CASUALTY COMPANY, Relator, v. Honorable John STREET, Judge, 352nd District Court, Tarrant County, Texas, Respondent, Abner L. Coxsey, Jr., Real Party In Interest.

Court of Appeals of Texas, Fort Worth.

April 16, 1986.

Attorney(s) appearing for the Case

Strasburger & Price, Mark M. Donheiser, Dallas, for relator.

Bernard J. Dolenz, Dallas, for respondent.

Before FENDER, C.J., and HILL and ASHWORTH (Retired, Sitting by Assignment), JJ.

OPINION ON MOTION FOR REHEARING

FENDER, Chief Justice.

On Motion for Rehearing, relator contends that the two cases cited by this court in support of our holding that the defendant in a medical malpractice case does not have an absolute right to choose the examining physician under TEX.R. CIV.P. 167a are not on point. Relator contends that the cases do not interpret Federal Rule of Civil Procedure 35(a), from which the Texas Rule is adopted, and therefore...

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