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WELMAKER v. CUELLAR

No. 03-00-00421-CV.

37 S.W.3d 550 (2001)

Forrest N. WELMAKER, Jr., Appellant, v. The Honorable Henry CUELLAR, Texas Secretary of State, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 15, 2001.

Attorney(s) appearing for the Case

Forrest N. Welmaker Jr., Welmaker & Welmaker, P.C., San Antonio, for appellant.

John M. Hohengarten, Asst. Atty. Gen., Austin, for appellee.

Before Justices KIDD, YEAKEL and JONES.

YEAKEL, Justice.

In 1999, attorney Forrest N. Welmaker attempted to form a professional association for the practice of law under the Texas Professional Association Act. See Tex.Rev.Civ. Stat. Ann. art. 1528f (West 1997 & Supp.2001) ("TPAA"). The Secretary of State (the "Secretary") refused to file the proposed articles of association on the basis that attorneys must form a professional corporation, rather than professional association, using the Texas...

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