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TEX. BD. OF MED. EXAM. v. BIRENBAUM

No. 3-93-664-CV.

891 S.W.2d 333 (1995)

TEXAS STATE BOARD OF MEDICAL EXAMINERS, Appellant, v. Dennis H. BIRENBAUM, M.D., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 22, 1995.

Attorney(s) appearing for the Case

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

Robert Summers, Scott, Douglass & Luton, Austin, for appellee.

Before POWERS, ABOUSSIE and KIDD, JJ.

KIDD, Justice.

Texas State Board of Medical Examiners ("the Board"), appellant, revoked the medical license of Dr. Dennis Birenbaum, appellee, after finding that he had engaged in persistent and flagrant overcharging of patients. The district court reversed the Board's order, concluding that substantial evidence did not exist in the record to uphold the decision to revoke. The Board appeals, arguing that the trial court erred in holding that there was not substantial...

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