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SOUTHWEST PHARMACY v. TEXAS HEALTH

No. 03-12-00293-CV.

408 S.W.3d 549 (2013)

SOUTHWEST PHARMACY SOLUTIONS, INC. d/b/a American Pharmacies, Appellant v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION and Thomas Suehs, solely in his Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission, Appellees.

Court of Appeals of Texas, Austin.

July 12, 2013.

Attorney(s) appearing for the Case

Isabelle M. Antongiorgi , Anthony T. Ricciardelli , Miguel S. Rodriguez , Doald R. Taylor , Taylor Dunham and Burgess, LLP, Austin, TX, for Appellant.

Ann Hartley , Assistant Attorney General, Financial and Tax Litigation Division, Austin, TX, for Appellees.

Before Chief Justice JONES, Justices GOODWIN and FIELD.

OPINION

MELISSA GOODWIN, Justice.

Southwest Pharmacy Solutions, Inc. d/b/a American Pharmacies appeals the trial court's judgment granting the plea to the jurisdiction of the Texas Health and Human Services Commission (HHSC) and Thomas Suehs, Executive Commissioner of HHSC (jointly HHSC) and denying its requests for declaratory and injunctive relief. American Pharmacies challenged HHSC's rulemaking obligations and certain rules promulgated by HHSC...

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