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TX DEPT. OF HUMAN SERV. v. KEMP HEALTH ETC

No. 03-98-00245-CV.

993 S.W.2d 698 (1999)

TEXAS DEPARTMENT OF HUMAN SERVICES and Eric Bost, Commissioner, Appellants, v. KEMP HEALTH SERVICES, INC. d/b/a Kemp Care Center, and Ray Yonce, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 15, 1999.

Attorney(s) appearing for the Case

John Cornyn, Attorney General, Quincy Quinlan, Assistant Attorney General, Austin, for Appellant.

Barry Bishop, Marnie A. McCormick, Clark, Thomas & Winters, Austin, for Appellee.

Before Justices KIDD, PATTERSON and POWERS.

JOHN E. POWERS, Senior Justice (Retired).

The Texas Department of Human Services and its Commissioner Eric Bost appeal from a final judgment recovered by Kemp Health Services, Inc. (Kemp), Ray Yonce, and others following a trial without a jury.1 No findings of fact and conclusions of law were filed. We will affirm the judgment.

THE CONTROVERSY

The Department entered into a Medicaid-provider contract with LTC Health Management...

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