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  5. 937 S.W.2d 432 (1996)
 

EL PASO ELEC. CO. v. TEXAS DEPT. OF INS.

No. 95-0943.

937 S.W.2d 432 (1996)

EL PASO ELECTRIC COMPANY; Coopers & Lybrand; Kemp, Smith, Duncan & Hammond, P.C.; Maury Page Kemp and Jean Jones Kemp, Petitioners, v. TEXAS DEPARTMENT OF INSURANCE, Respondent.

Supreme Court of Texas.

Decided December 13, 1996.

Rehearing Overruled February 21, 1997.

Attorney(s) appearing for the Case

Charles T. Newton, Houston, Robert C. Walters, Dallas, Fred B. Werkenthin, Thomas T. Rogers, Austin, Randy Lee, El Paso, Jack D. Maroney, Michael J. Crowley, Austin, for Petitioners.

Thomas H. Watkins, David C. Mattax, Dan Morales, Austin, for Respondent.

PHILLIPS, Chief Justice, delivered the opinion of the Court, joined by HECHT, CORNYN, ENOCH, OWEN, BAKER and ABBOTT, Justices.

Chapter 105 of the Texas Civil Practice and Remedies Code allows a litigant to recover fees and expenses when a state agency brings a frivolous claim. We must decide whether a claim prosecuted by the State Insurance Liquidator, acting in his capacity as receiver for an insolvent insurance company, is a claim by a state agency within the meaning...

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