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EMPLOYEES' RETIREMENT SYSTEM v. McKILLIP

No. 03-96-00332-CV.

956 S.W.2d 795 (1997)

EMPLOYEES' RETIREMENT SYSTEM OF TEXAS, Appellant, v. Phyllis Jean Konkle McKILLIP, Appellee.

Court of Appeals of Texas, Austin.

November 20, 1997.

Attorney(s) appearing for the Case

Dan Morales, Attorney General, Don Walker, Assistant Attorney General, Administrative Law Division, Roxanne Caperton, Assistant Attorney General, General Counsel Division, Austin, for Appellant.

Christopher Malish, Foster & Malish, L.P.P., Austin, for Appellee.

Before CARROLL, C.J., and POWERS and JONES, JJ.

POWERS, Justice.

The Employees' Retirement System of Texas (ERS) appeals from a district court judgment reversing the agency's final order in a contested case. We will modify the judgment and affirm it as modified.

THE CONTROVERSY

McKillip applied for disability benefits under the State of Texas Uniform Group Insurance Program and Plan. See Tex. Ins.Code Ann. art 3.50-2 (West 1981 and Supp.1997) (Ins.Code). Group Life and Health Insurance...

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