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DELGADO v. BURNS

No. B14-82-553CV.

650 S.W.2d 505 (1983)

Dora DELGADO, et vir., Appellant, v. Dr. J.C. BURNS, Appellee.

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

Rehearing Denied April 28, 1983.

Attorney(s) appearing for the Case

John H. Holloway, Houston, for appellant.

Robert J. Swift, Fulbright & Jaworski, Houston, for appellee.

Before PAUL PRESSLER, ROBERTSON and CANNON, JJ.

ROBERTSON, Justice.

This is an appeal from a summary judgment in favor of appellee sustaining his plea of limitation. The suit was for medical malpractice and the plea of limitations was based upon 1975 Tex.Gen.Laws, Ch. 330, § 4, at 865 (Tex.Ins.Code Ann. art. 5.82, § 4, now repealed). Appellants complain of the court's action in sustaining the plea and attack the constitutionality of the limitation provision of the article. We affirm.

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