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GRIFFIN v. MILES

No. 1637.

553 S.W.2d 933 (1977)

Carol Ann GRIFFIN et vir., Appellants, v. Dr. Norman A. MILES, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied July 20, 1977.

Attorney(s) appearing for the Case

John H. Holloway, Houston, for appellants.

Kenneth Tekell, Tekell, Book & Matthews, Frank B. Davis, Stephen Perry, Andrews, Kurth, Campbell & Jones, Houston, for appellee.

J. CURTISS BROWN, Chief Justice.

This appeal arises from the trial court's overruling of appellants' motion to reinstate a cause from which they took a voluntary nonsuit.

In June 1975, appellants, Carol Ann Griffin and her husband, filed suit against appellees, Dr. Norman A. Miles and Heights Hospital, in Houston, Texas alleging negligence and breach of contract on the part of Dr. Miles and Heights Hospital in failing to remove a surgical sponge from Mrs....

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