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IN RE UNIVERSITY OF TEXAS HEALTH CENTER

No. 06-06-00054-CV.

198 S.W.3d 392 (2006)

In re the UNIVERSITY OF TEXAS HEALTH CENTER AT TYLER.

Court of Appeals of Texas, Texarkana.

Decided July 19, 2006.

Attorney(s) appearing for the Case

David Grant Halpern, Asst. Atty. Gen., Austin, for appellant.

Robert T. Cain, Jr., Scott C. Skelton, Zeleskey, Cornelius, et al., Lufkin, for real party in interest.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

The University of Texas Health Center at Tyler (the Hospital) seeks a writ of mandamus directing the Honorable Clay Gossett, presiding judge of the 4th Judicial District Court in Rusk County, Texas, to vacate his order compelling the Hospital to produce certain pathology materials for testing. We deny the Hospital's petition because (1) the Hospital waived its objections to the subpoena, and (2) even without waiver...

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