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TESTONI v. BLUE CROSS AND BLUE SHIELD

No. 3-91-297-CV.

861 S.W.2d 387 (1992)

Ernest TESTONI, Appellant, v. BLUE CROSS AND BLUE SHIELD OF TEXAS, INC., Employees Retirement System of Texas and Steven L. Martin, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied October 7, 1992.

Publication Ordered August 26, 1993.

Attorney(s) appearing for the Case

I. Nelson Heggen, Houston, for appellant.

Michael S. Hull, Brown Maroney & Oaks Hartline, Austin, for Blue Cross and Blue Shield of Texas, Inc.

Dan Morales, Atty. Gen., Brooks Wm. (Bill) Conover, III, Asst. Atty. Gen., Austin, for Employees Retirement System of Texas and Steven L. Martin.

Before CARROLL, C.J., and JONES and KIDD, JJ.

ON MOTION FOR REHEARING

KIDD, Justice.

We withdraw our opinion and judgment, dated July 1, 1992, and substitute the following therefor.

Appellant Ernest Testoni ("Testoni") filed suit in district court against Blue Cross and Blue Shield of Texas, Inc. ("Blue Cross") and Employees Retirement System of Texas and its hearing examiner, Steve L. Martin, (collectively "ERS") contesting denial of a claim under...

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