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HAWKINS v. COMMUNITY HEALTH CHOICE, INC.

No. 03-03-00283-CV.

127 S.W.3d 322 (2004)

Albert HAWKINS, Commissioner of Health and Human Services, and The Texas Health and Human Services Commission, Appellants, v. COMMUNITY HEALTH CHOICE, INC., Appellee.

Court of Appeals of Texas, Austin.

January 23, 2004.

Attorney(s) appearing for the Case

Eugene A. Clayborn, Assistant Attorney General, Administrative Law Division, Austin, for appellants.

Elizabeth G. Bloch, Brown McCarroll, L.L.P., Austin, for appellee.

Before Chief Justice LAW, Justices KIDD and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

This is an appeal from the issuance of a writ of mandamus compelling appellant, Albert Hawkins, the Commissioner of the Texas Health and Human Services ("Commissioner"), to refer a contested issue to the State Office of Administrative Hearings ("SOAH"). Appellee, Community Health Choice, Inc. ("Community"), was under contract with appellant, the Texas Department of Human Services ("Department"). A dispute arose between...

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