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  5. 920 S.W.2d 330 (1995)
 

STATE, CTY. OF BEXAR v. SOUTHOAKS DEV.

No. 04-93-00640-CV.

920 S.W.2d 330 (1995)

The STATE of Texas, COUNTY OF BEXAR, and Southside I.S.D., Appellants, v. SOUTHOAKS DEVELOPMENT COMPANY, INC. and Joseph A. Lucci, Jr., M.D., P.A. Pension Plan Trust, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied October 24, 1995.

Attorney(s) appearing for the Case

Karl E. Hays, San Antonio, for Appellant.

Robert W. Loree, Law Office of Robert W. Loree, San Antonio, for Appellee.

Before CHAPA, C.J., and RICKHOFF, LOPEZ, STONE, HARDBERGER, DUNCAN and DIAL, JJ.

OPINION ON MOTION FOR REHEARING EN BANC2

DUNCAN, Justice.

The motion for reconsideration en banc of Joseph A. Lucci, Jr., M.D. P.A. Pension Plan Trust ("Lucci") is granted. The panel's December 30, 1994 opinion is withdrawn, and the following is substituted in its place.

The State of Texas, Bexar County, and Southside I.S.D. ("the taxing units") filed suit against Lucci to collect delinquent taxes allegedly owed by him...

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