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NAN TRAVIS MEMORIAL HOSP. v. ST. PAUL FIRE & MARINE INS. CO.

No. 25054.

394 F.2d 112 (1968)

NAN TRAVIS MEMORIAL HOSPITAL, Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 3, 1968.

Attorney(s) appearing for the Case

James H. Rounsaville, Jacksonville, Tex., for appellant; Norman, Rounsaville, Hassell & Spiers, Jacksonville, Tex., of counsel.

Jack W. Flock, Tyler, Tex., for appellee; Ramey, Brelsford, Flock & Devereux, Tyler, Tex., of counsel.

Before RIVES, BELL and GOLDBERG, Circuit Judges.

PER CURIAM:

The District Court rendered summary judgment in favor of appellee St. Paul declaring that it was under no duty to defend appellant hospital or to pay any judgment that might be rendered in a state court suit brought by a patient and her husband against the hospital and a surgeon. The patient entered the hospital on July 5, 1966 for the purpose of having a laparotomy pad removed from her abdominal cavity which pad had been left in the abdominal cavity in...

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