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BACHYNSKY v. STATE

No. 05-86-00699-CV.

747 S.W.2d 868 (1988)

Nicholas BACHYNSKY, M.D., Physicians' Clinic of Dallas, Inc., Physicians' Clinic-Arena, Inc., Physicians' Clinic-FM 1960 Area, Inc., Physicians' Clinic-Town & Country, Inc., and Physicians' Clinic-San Antonio, Inc., Appellants, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 5, 1988.

Attorney(s) appearing for the Case

John R. Mercy, Jeffrey C. Elliott, Louise E. Tauson, Texarkana, for appellants.

Stephen Gardner, Eliot D. Shavin, Craig Jordan, Dallas, for appellee.

Before HOWELL, STEWART and HECHT, JJ.

HECHT, Justice.

The State of Texas sued Dr. Nicholas Bachynsky and five related weight-loss clinics (collectively "Bachynsky"). The gravamen of the State's allegations is that Bachynsky used the drug Dinitrophenol ("DNP") in his weight-loss programs even though it is a toxic herbicide never approved by the United States Food and Drug Administration as safe for human consumption. The State alleges violations of the Texas Deceptive Trade Practices— Consumer Protection...

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