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TEX. DEPT. OF BANKING v. RESTLAND FUNERAL

No. 3-92-293-CV.

847 S.W.2d 680 (1993)

TEXAS DEPARTMENT OF BANKING, Appellant, v. RESTLAND FUNERAL HOME, INC., et al., Appellees.

Court of Appeals of Texas, Austin.

February 17, 1993.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Karen B. Pettigrew, Asst. Atty. Gen., Austin, for appellant.

Patton G. Lochridge, McGinnis, Lochridge & Kilgore, Austin, for appellees.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.

POWERS, Justice.

Restland Funeral Home, Inc. and others sued the Texas Department of Banking to determine the validity and applicability of a rule issued by the Department.1 See Texas Administrative Procedure and Texas Register Act (APTRA), Tex.Rev.Civ.Stat.Ann. art. 6252-13a, § 12 (West.Supp.1993). The district court rendered its declaratory judgment that the rule was invalid in its entirety. The Department appeals. We will...

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