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BENTON v. COMMISSION OF LAWYER DISCIPLINE

No. 13-94-221-CV.

941 S.W.2d 229 (1996)

Barry Robert BENTON, Appellant, v. COMMISSION OF LAWYER DISCIPLINE, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled February 6, 1997.

Attorney(s) appearing for the Case

Barry R. Benton, Edmund K. Cyganiewicz, Brownsville, for appellant.

Dawn Miller, Assistant General Counsel, James M. McCormack, General Counsel, Austin, Dana C. Livingston, Vinson & Elkins, L.L.P., Daniel K. Hedges, Porter & Hedges, Warren W. Harris, Porter & Hedges, Houston, for appellee.

Before SEERDEN, C.J., and YANEZ and CHAVEZ, JJ.

Prior report: 933 S.W.2d 784.

CONCURRING OPINION ON MOTION FOR REHEARING

SEERDEN, Chief Justice.

I agree with the majority decision that the motion for rehearing should be overruled and this case should be reversed and dismissed. However, I disagree with the holding that Rule 3.06(d) is unconstitutionally vague. Without belaboring the point, it is anomalous to hold that the rule is too vague to be understood when...

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