       Aug. 11, 1992.

Appeal from the United States District Court for the Southern District of Texas.

Before SNEED**, REAVLEY, and BARKSDALE, Circuit Judges.

          SNEED, Circuit Jue:

          Dr. Stanislaw Burzynski and the Burzynski Research Institute, Inc.1 appeal the district court's

dismissal of their lawsuit against AEtna Life Insurance Company, AEtna's law firm in related

litigation, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, AEtna's hired consultant in the related

suit, Grace Powers Monaco, and a company founded by Monaco, Emprise, Inc. The district court

dismissed Dr. Burzynski's entire complaint, with prejudice, on the grounds that certain alleged

conduct which supported the complaint was protected by an absolute discovery privilege under Texas

law arising fromBurzynski and his institute have received national television exposure on such shows

as "20/20" and "Sally Jesse Raphael."



        He also has received attention from federal and state regulatory authorities. In 1983, the

Food and Drug Administration barred Dr. Burzynski from interstate transactions involving

antineoplaston treatments. The National Cancer Institute and the Office of Technology Assessment

of the United States Congress both have issued critical reports of the treatment. In 1988, the Texas

Depart ment of Health ordered Dr. Burzynski to cease and desist treating cancer patients with

antineoplaston therapy absent FDA new drug or investigational drug approval.



        The source of this case is in a suit commenced in August, 1986, by Delores Swanson, a

patient of Dr. Burzynski's, against AEtna in