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NUNEZ v. AUTRY

No. 3-93-581-CV.

884 S.W.2d 199 (1994)

Luis NUNEZ and Olga Nunez, Individually and as Parents and as Next Friends of Luis Nunez, Jr. and Cynthia Nunez, Minor Children, Appellants, v. Sandra A. AUTRY, Receiver, Appellee.

Court of Appeals of Texas, Austin.

August 31, 1994.

Attorney(s) appearing for the Case

Jeffrey B. Powell, Law Offices of James F. Scherr, El Paso, for appellants.

Margaret Uhlig Pemberton, Cantilo, Maisel & Hubbard, Austin, for appellee.

Before CARROLL, C.J., and KIDD and B.A. SMITH, JJ.

KIDD, Justice.

Appellants, Luis Nunez and Olga Nunez, individually and as parents and next friends of Luis Nunez, Jr. and Cynthia Nunez, challenge the constitutionality of section 5(2) of the Texas Property and Casualty Insurance Guaranty Act ("the Act"), 70th Leg., R.S., ch. 1073, § 36, 1987 Tex.Gen.Laws 3610, 3657 (Tex.Ins.Code Ann. art. 21.28-C, § 5(2), since amended).1 Appellants filed a proof of claim under the Act with...

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