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ESTATE OF BANKS v. CHAMBERS MEM. HOSP. AUXILIARY

No. 88-2058.

865 F.2d 696 (1989)

The ESTATE OF Carrie Ann BANKS, Deceased, Elva Banks and Mary Francis Banks, Individually and on behalf of the Estate of Carrie Ann Banks, Plaintiffs-Appellants, v. CHAMBERS MEMORIAL HOSPITAL AUXILIARY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 17, 1989.

Attorney(s) appearing for the Case

Donna M. Nutter, Sarnie A. Randle, Jr., Randle & Associates, Houston, Tex., for plaintiffs-appellants.

Karen McNair, E.R. Norwood, Taylor & Norwood, Liberty, Tex., for Chambers Memorial Hosp. & Chambers Co.

I. Nelson Heggen, Thomas Hornbuckle, Hornbuckle & Windham, Houston, Tex., for Clements & Heiman.

Anthony F. Montgomery, Houston, Tex., for Hornbuckle, Windham & Montgomery.

Before GEE, HIGGINBOTHAM, and DUHE, Circuit Judges.

GEE, Circuit Judge:

Plaintiffs Elva and Mary Banks brought an action individually and on behalf of the estate of Carrie Ann Banks against Chambers County, Chambers Memorial Hospital and defendants Heiman and Clements. The complaint included a claim for negligence under the Texas Tort Claims Act. At the close of the plaintiffs' case the court directed a verdict for the defendants on the tort claims cause of action. The remaining issues were submitted to the jury, which...

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