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ESTATE OF SMITH v. TARRANT COUNTY HOSP. DIST.

No. 82-1148. Summary Calendar.

691 F.2d 207 (1982)

ESTATE OF Arthur SMITH, Jr., et al., Plaintiffs-Appellants, v. TARRANT COUNTY HOSPITAL DISTRICT, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 8, 1982.

Attorney(s) appearing for the Case

Huey P. Mitchell, Fort Worth, Tex., for plaintiffs-appellants.

Frederick M. Schattman, Asst. Dist. Atty., Fort Worth, Tex., for Tarrant County.

Burford & Ryburn, James H. Holmes, III, Catherine A. Gerhauser, Dallas, Tex., for John Etlinger.

Fillmore & Camp, Patrick H. O'Neill, Fort Worth, Tex., for Lon Evans.

Mary Katherine Conroy, Asst. Atty. Gen., Austin, Tex., for State of Texas.

Joe Shannon, Jr., Fort Worth, Tex., for Tarrant County Hosp. Dist.

Before BROWN, REAVLEY and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge.

This court again faces the issue of adequacy of notice when a trial court converts a motion to dismiss for failure to state a claim into a motion for summary judgment by considering matters outside of the pleadings1. As we have stated before, where a motion to dismiss is converted into a motion for summary judgment, the notice and hearing requirements of Fed.R.Civ...

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