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BIRDO v. WILLIAMS

No. 01-91-00294-CV.

859 S.W.2d 571 (1993)

Burnice Joe BIRDO, TDCJ-ID # 406367, Appellant, v. Claude WILLIAMS, Jim H. Gant, Jim Alexander, Donna Latham, Texas Department of Criminal Justice, Institutional Division, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

July 29, 1993.

Attorney(s) appearing for the Case

Burnice Joe Birdo, Beeville, for appellant.

Frank Blazek, Huntsville, for appellees.

Before OLIVER-PARROTT, C.J., and MIRABAL and PRICE, JJ.

OPINION ON MOTION FOR REHEARING

OLIVER-PARROTT, Chief Justice.

We withdraw our earlier opinion, we substitute the following opinion in its stead, and we grant appellant's motion for rehearing. Appellant's motion for rehearing en banc is denied.

This is an appeal of the trial court's dismissal of appellant's cause of action as frivolous, under Tex.Civ.Prac. & Rem.Code Ann. § 13.001 (Vernon Supp...

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