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SPEARS v. FOURTH COURT OF APPEALS

No. C-9782.

797 S.W.2d 654 (1990)

The Honorable Carolyn H. SPEARS, Judge, and Jesse Casias, Relators, v. The FOURTH COURT OF APPEALS, Respondent.

Supreme Court of Texas.

October 24, 1990.

Attorney(s) appearing for the Case

Bernard W. Fischman, Bruce M. Miller, San Antonio, for relators.

Jim Mattox, Lynette Phillips, Austin, Jerry L. Shiely, San Antonio, Delmar L. Cain, Austin, for respondent.

OPINION

DOGGETT, Justice.

We consider whether an attorney and his firm are disqualified from representing a client against a state agency that previously employed another attorney now working for the firm. The court of appeals found that the trial court's refusal to order disqualification constituted an abuse of discretion and conditionally granted writ of mandamus. 790 S.W.2d 55. We conditionally grant the petition for...

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