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McMILLEN v. KLINGENSMITH

No. B-2203.

467 S.W.2d 193 (1971)

Kenneth D. McMILLEN et ux., Petitioners, v. Dr. William KLINGENSMITH et al., Respondents.

Supreme Court of Texas.

May 12, 1971.

Attorney(s) appearing for the Case

Wheeler, Watkins, Hubbard, Patton & Peek, James R. Hubbard, Texarkana, Fitzjarrald Poole, Edward L. Poole, Amarillo, for petitioners.

Stone, Stone & Chambers, Ben H. Stone, Jr. and John C. Chambers, Amarillo, for respondents.

POPE, Justice.

Joyce Lynn McMillen and husband sued Dr. William Klingensmith and Dr. Henry E. Martinez for negligence in the treatment of Joyce McMillen's injuries which she suffered in an automobile collision with a car driven by William Robert Perkins. Mrs. McMillen and her husband released Perkins from all claims upon his payment of $7,900. The McMillens then instituted suit against the two physicians who moved for summary judgment grounded upon the release. The...

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