Public Citizen v. Third Court of Appeals

*285CONCURRING OPINION TO ORDER DENYING PETITION FOR PUBLICATION

DOGGETT, Justice.

While I concur in the court’s order denying the petition of Public Citizen, Texas AFL-CIO and Thomas Edward Smith for publication of an opinion delivered August 21, 1991 by the Third Court of Appeals in Mt. Hawley Insurance Co. v. Ragland, No. 3-90-079-CV, 1991 WL 159193, I write separately to note the unique circumstances present here which justify denial of the motion to publish.

After the court of appeals designated its opinion for publication pursuant to Texas Rule of Appellate Procedure 90(c) and while a motion…