Ernest Testoni v. Blue Cross and Blue Shield of Texas, Inc.

Testoni

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

ON MOTION FOR REHEARING

NO. 3-91-297-CV

ERNEST TESTONI,

APPELLANT

vs.

BLUE CROSS AND BLUE SHIELD OF TEXAS, INC.,

EMPLOYEES RETIREMENT SYSTEM OF TEXAS

AND STEVEN L. MARTIN,

APPELLEES

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NO. 456,493, HONORABLE MARY PEARL WILLIAMS, JUDGE PRESIDING

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…