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McMULLEN v. EMPLOYEES RETIREMENT SYSTEM

No. 03-96-00281-CV.

935 S.W.2d 189 (1996)

Andy J. McMULLEN, Appellant v. EMPLOYEES RETIREMENT SYSTEM OF TEXAS AND BLUE CROSS AND BLUE SHIELD OF TEXAS, INC., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 9, 1997.

Attorney(s) appearing for the Case

Andy J. McMullen, Hamilton, for Appellant.

Michael S. Hull, Maroney, Crowley, Bankston, Richardson & Hull, L.L.P., Austin, for Blue Cross.

Dan Morales, Attorney General, Roxanne Caperton, Assistant Attorney General, General Counsel Division, Austin, for Employees.

Before POWERS, ABOUSSIE and JONES, JJ.

POWERS, Justice.

Andy J. McMullen appeals from a districtcourt judgment affirming a final order issued by the Board of Trustees of the Employees Retirement System of Texas following a contested case. We will affirm the order and the district-court judgment.

THE CONTROVERSY

McMullen's young son Aaron had reading difficulties and was examined by Dr. Leonard R. White, an optometrist who specialized in visual development. Dr. White recommended that Aaron...

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