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IN RE PACK

No. 2-99-160-CV.

996 S.W.2d 4 (1999)

In re Donna PACK, Ann Bowling, and Linda Pearson, Individually and as Representatives of the Estate of James Watson, Relators.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled August 12, 1999.

Attorney(s) appearing for the Case

Suchocki & Associates, Jerry D. Bullard, Bernardr Suchocki, Fort Worth, for Relators.

Friend & Associates, Gail N. Friend, Houston, Hill Gilstrap, Frank Hill, Arlington, for Real Party in Interest.

Panel A: CAYCE, C.J.; DAY and DAUPHINOT, JJ.

OPINION

SAM J. DAY, Justice.

In this original proceeding, we must decide whether nursing home investigation reports prepared by the Texas Department of Human Services (TDHS), a nursing home's responsive plans of correction, and the testimony of TDHS surveyors regarding their investigations are excluded from discovery under the peer-review privilege. Because we conclude that such information is not exempt from discovery under the peer-review privilege, we...

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