DORAN v. COMPTON

No. 80-1146.

645 F.2d 440 (1981)

James P. DORAN and Eileen T. Doran, Plaintiffs-Appellees, v. Mary Lou COMPTON, Executrix of the Estate of Margaret Watkins, Deceased, and Texas Scottish Rite Hospital for Crippled Children, Defendants-Appellants, Dallas Society for Crippled Children, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

Rehearing Denied June 18, 1981.


Attorney(s) appearing for the Case

Royal H. Brin, Jr., Kevin H. Good, J. Carlisle DeHay, Jr., Dallas, Tex., for defendants-appellants.

Craig P. Campbell, Seattle, Wash., Webber W. Beall, Jr., Mark E. Smith, Dallas, Tex., for plaintiffs-appellees.

Before AINSWORTH and SAM D. JOHNSON, Circuit Judges, and HUNTER, District Judge.


SAM D. JOHNSON, Circuit Judge:

This interlocutory appeal raises questions of the applicability and validity of former Tex.Ins.Code Ann. art. 5.82, § 4 (effective June 3, 1975 and originally scheduled to expire December 31, 1977), a two-year statute of limitations for certain medical malpractice claims, with respect to a cause of action that accrued prior to the effective date of the statute. We hold that the statute does not retroactively apply to causes of action...

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