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CRESTWAY CARE CENTER, INC. v. BERCHELMANN

No. 04-97-00070-CV.

945 S.W.2d 872 (1997)

CRESTWAY CARE CENTER, INC. d/b/a Crestway Care Center and Meritcare, Inc., Relators, v. The Honorable David A. BERCHELMANN, Jr., Respondent.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled May 7, 1997.

Attorney(s) appearing for the Case

Delta Sue Best, Kim M. Olson, Barbara Ellis, Liddell, Sapp, Zivley, Hill & Laboon, L.L.P., Austin, for Relators.

Marynell Maloney, Maloney & Maloney, P.C., Scott Roberts, San Antonio, for Respondent.

Before HARDBERGER, C.J., and RICKHOFF, LÓPEZ, STONE, GREEN, DUNCAN and ANGELINI, JJ., En Banc.

OPINION ON REAL PARTIES' IN INTEREST MOTION FOR REHEARING EN BANC

HARDBERGER, Chief Justice.

The motion for rehearing en banc filed by the real parties in interest on March 31, 1997 is granted. Our opinion and order of March 19, 1997 are withdrawn, and this opinion and order are substituted. We dismiss the petition for writ of mandamus as improvidently granted.

FACTS

Relators, Crestway Care Center, Inc. d/b/a Crestway Care Center...

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