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BURRHUS v. M & S MACH. & SUPPLY CO.

No. 04-94-00196-CV.

897 S.W.2d 871 (1995)

Teresa BURRHUS, Individually and As Parent of and Next Friend of Christiana Burrhus and as Personal Representative of the Estate of Terralle A. Burrhus, Appellants, v. M & S MACHINE & SUPPLY COMPANY, INC., Appellee.

Court of Appeals of Texas, San Antonio.

March 15, 1995.

Attorney(s) appearing for the Case

Gerald T. Drought and Vincent A. Notzon, Martin, Drought & Torres, Inc., San Antonio, for appellants.

Frank E. Perez, Royston, Rayzor, Vickery & Williams, Brownsville, Will W. Pierson, Myra K. Morris, Royston, Rayzor, Vickery & Williams, Corpus Christi, Jan Ferguson, the Texas Property & Cas. Ins. Guar., Austin, and Kelley G. Loud, Ross, Banks, May, Cron & Cavin, Houston, for appellee.

Before CHAPA, C.J., and LOPEZ and GREEN, JJ.

PRE-SUBMISSION OPINION

LOPEZ, Justice.

On June 20, 1994, we abated this appeal after receiving notification that Employers Casualty Company, the insurer for M & S Machine & Supply Company, Inc., had been designated an impaired insurer by the Commissioner of Insurance. Once an insurer has been so designated, an automatic stay of all judicial proceedings is in force. TEX.INS. CODE ANN. art. 21.28-C, sec. 17 (Vernon Supp.1994).

Appellants filed...

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