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NUERNBERG v. TEXAS EMPLOYMENT COMMISSION

No. D-3326.

858 S.W.2d 364 (1993)

Alfred NUERNBERG, Petitioner, v. TEXAS EMPLOYMENT COMMISSION and Milchem Incorporated Ind. and d/b/a Milpark Drilling Fluids, Respondents.

Supreme Court of Texas.

Rehearing Overruled September 10, 1993.

Attorney(s) appearing for the Case

Bruce A. Coane and Joyce A. Keating, Houston, for petitioner.

J. Alfred Southerland, Houston, Anthony Aterno and Dan Morales, Austin, for respondents.

PER CURIAM.

Alfred Nuernberg appealed a decision of the Texas Employment Commission (TEC) denying him unemployment compensation. In the trial court, the TEC moved for summary judgment. With its motion, the TEC filed neither affidavits nor discovery materials but only the agency record. Relying solely on that record, the trial court granted the TEC's motion. The court of appeals affirmed. 846 S.W.2d 41.

The court of appeals...

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