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RODRIQUEZ v. MEDICAL ARTS HOSPITAL

No. 30199.

437 F.2d 1203 (1971)

C. R. RODRIQUEZ, Plaintiff-Appellant, v. MEDICAL ARTS HOSPITAL et al., Defendants-Appellees. Anita PEREZ, Third-Party Plaintiff-Appellant, v. MEDICAL ARTS HOSPITAL et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 11, 1971.

Attorney(s) appearing for the Case

A. W. Salyars, D. Michael Worley, R. Michael Millsap, Huff & Bowers, Lubbock, Tex., for plaintiff-appellant.

Jack Little, Little & Little, Big Spring, Tex., Vernon D. Adcock, Lamesa, Tex., Charles B. Jones, William J. Wade, Max C. Addison, Lubbock, Tex., for defendants-appellees.

Before CLARK, Associate Justice, and GEWIN and RONEY, Circuit Judges.

PER CURIAM:

Appellants sued Medical Arts Hospital, Dawson County, Texas, and others to recover damages for the death of appellants' minor son and alleged that the negligent conduct of the appellees constituted a direct and proximate cause of the death. The hospital and the County moved to dismiss the complaint asserting governmental and charitable immunity. After oral argument and receipt of briefs, the district court treated the motions to dismiss as motions for...

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