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McKELVY v. BARBER

No. A-9683.

381 S.W.2d 59 (1964)

Jim C. McKELVY, Petitioner, v. Dr. Forrest C. BARBER, Respondent.

Supreme Court of Texas.

Rehearing Denied July 29, 1964.

Attorney(s) appearing for the Case

John W. Herrick, Massie Tillman, Fort Worth, for petitioner.

Cantey, Hanger, Gooch, Cravens & Scarborough, Sloan B. Blair, Fort Worth, for respondent.

WALKER, Justice.

Our opinion delivered in this cause on March 4, 1964, is withdrawn and the following is substituted therefor:

Jim C. McKelvy, petitioner, brought this suit again Dr. Forrest C. Barber, respondent, to recover damages alleged to have resulted from negligent medical treatment. Respondent's motion for instructed verdict at the conclusion of all the evidence was granted by the trial court, and the Court of Civil Appeals affirmed.

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