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RETTBERG v. TEXAS DEPT. OF HEALTH

No. 3-93-327-CV.

873 S.W.2d 408 (1994)

Don F. RETTBERG, Appellant, v. TEXAS DEPARTMENT OF HEALTH, State Board of Examiners of Professional Counselors, and Yvonne Kohutek, in Her Official Capacity and Individually, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 11, 1994.

Attorney(s) appearing for the Case

Susan G. Morrison, Austin, for appellant.

Dan Morales, Atty. Gen. and Stuart W. Bowen, Jr., Asst. Atty. Gen., Austin, for appellees.

Before POWERS, ABOUSSIE and JONES, JJ.

JONES, Justice.

Don F. Rettberg, appellant, sued the Texas Department of Health ("TDH"), State Board of Examiners of Professional Counselors ("the Board"), and Yvonne Kohutek, individually and in her official capacity as the Board's chairperson, appellees, seeking mandamus and a declaratory judgment that the Board had violated the Texas Open Meetings Act, Tex.Gov't Code Ann. §§ 551.001-.146 (West 1994) (hereinafter...

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