David "Birny" BIRNBAUM, Appellant,
v.
ALLIANCE OF AMERICAN INSURERS, et al., Appellees.
David "Birny" Birnbaum; John Cornyn, Attorney General of Texas; and Elton Bomer, Commissioner of Texas Department of Insurance, Appellants,
v.
National Association of Independent Insurers, et al., Appellees.
Court of Appeals of Texas, Austin.https://leagle.com/images/logo.png
May 20, 1999.
Rehearing Overruled July 15, 1999.
Attorney(s) appearing for the Case
D.J. Powers, Law Offices of D.J. Powers, Austin, for Appellant.
John Cornyn, Attorney General, Austin, pro se.
Linda Ibach Shaunessy, Assistant Attorney General, Austin, for Attorney General in cause no. 03-98-00208-CV.
Dudley D. McCalla, Heath, Davis & McCalla, P.C., Austin, for National Association of Independant Insurers; Alliance of American Insurers, United Services P.C. Automobile Association, USAA Casualty Ins. Co. and USAA County Mutual Ins. Co.
Daniel Read Richards, Bernsen, Jamail & Goodson, L.L.P., Austin, for Appellee Ohio Casualty Ins. Co., West American Ins. Co., American Fire and Casualty Co. and Ohio Security L.L.P. Ins. Co.
Fred B. Werkenthin, Leonard H. Dougal, Small, Craig & Werkenthin, P.C., Austin, for Appellee Texas Farmers Ins. Co., Mid-century Ins. Co. of Tx. and Farmers Texas County Mutual Ins. Co.
Before Justices KIDD, B.A. SMITH and POWERS.
Court of Appeals of Texas, Austin.
JOHN E. POWERS, Justice.
In the first cause of a consolidated appeal, David "Birny" Birnbaum appeals from an order granting a temporary injunction on the application of several automobile insurance companies and trade associations ("appellees").1 In the second cause, Birnbaum, joined by Attorney General and Elton Bomer,2 Commissioner of the Texas Department of Insurance (the "Department"), appeals from a summary...
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