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  5. 856 S.W.2d 158 (1993)
 

REPUBLIC INS. CO. v. DAVIS

No. D-2369.

856 S.W.2d 158 (1993)

REPUBLIC INSURANCE COMPANY, Relator, v. The Honorable Paul R. DAVIS, Jr., Judge, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 30, 1993.

Attorney(s) appearing for the Case

Jerry V. Walker, Houston, Terry O. Tottenham, Dean A. Schaffer, Austin, W. Wendell Hall, San Antonio, for relator.

Patrick McCaffrey, Jr., Mark Wham, Houston, Gary F. DeShazo, Austin, W. Richard Ellis, III, Houston, Stephen L. Hubbard, Dallas, Margaret F. Uhlig, Jan Soifer, Gregory C. Douglass, Austin, David D. Williams, Houston, Joe K. Longley, Austin, for respondent.

OPINION

ENOCH, Justice.

This mandamus action calls for the resolution of two issues. First, does the "offensive use" waiver, enunciated by this court in Ginsberg v. Fifth Court of Appeals, 686 S.W.2d 105 (Tex.1985), apply to the attorney-client privilege? Second, does the privilege for party communications extend to subsequent litigation? We conclude that the Ginsberg "offensive use" waiver, while potentially...

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