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IN RE TEXAS MEDICAL BD.

No. 06-10-00041-CV.

315 S.W.3d 177 (2010)

In re: The TEXAS MEDICAL BOARD.

Court of Appeals of Texas, Texarkana.

Decided June 1, 2010.

Attorney(s) appearing for the Case

John S. Langley, Asst. Atty. Gen., Austin, for appellant.

Clifton L. "Scrappy" Holmes, Gena B. Bunn, Holmes & Moore, PLLC, Longview, Carolyn Denero, Asst. Atty. Gen., Austin, for appellee.

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

OPINION

Opinion by Justice MOSELEY.

This mandamus proceeding arises from the prosecution of Dr. Oscar Reichert (the real party in interest) by the State of Texas on charges of Medicare fraud. The action has been brought by the Texas Medical Board (Board), a governmental agency of the State of Texas, charged by the Texas Legislature with regulating the practice of medicine. TEX. CONST. art. XVI, § 31; TEX. OCC.CODE ANN. § 151.003 (Vernon 2004),...

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