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TEXAS HEALTH ENTERPRISES, INC. v. KIRKGARD

No. 09-93-334 CV.

882 S.W.2d 630 (1994)

TEXAS HEALTH ENTERPRISES, INC., Appellant v. Teresita Belen KIRKGARD, Thelma Jean Rogers, Jean Brown, Mercy Smith, Maria Leal, Merle Kehl, Beatrice Reyna, Melissa Mikle Kramer, and Marie Chapman, Appellees.

Court of Appeals of Texas, Beaumont.

Decided August 25, 1994.

Rehearing Overruled September 14, 1994.

Attorney(s) appearing for the Case

Mark Rayburn, Strong, Pipkin, Nelson & Bissell, Beaumont and Stephen Greenberg, Small, Craig & Werkenthin, Austin, for appellant.

Lindsey B. Whisenhant and Robert M. Wood, Woodville, for appellees.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

BURGESS, Justice.

Teresita Belen Kirkgard and Thelma Jean Rogers initiated this action, alleging Texas Health Enterprises ("T.H.E.") wrongfully terminated their employment for refusing to sign a waiver of their rights under the Texas Workers' Compensation Act. The case was removed to federal court, then remanded to state court. The federal district court's order stated: "it is untrue that Plaintiffs' allegations are necessarily federal in character...

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