HUMANA HOSP. CORP. v. AMERICAN MEDICAL SYSTEMS, INC.

No. C-8899.

785 S.W.2d 144 (1990)

HUMANA HOSPITAL CORP. v. AMERICAN MEDICAL SYSTEMS, INC.

Supreme Court of Texas.

Rehearing Overruled April 4, 1990.


Attorney(s) appearing for the Case

Richard N. Francis, Jr., Jerry A. Gibson, San Antonio, for Humana Hosp. Corp.

John Milano, Jr., San Antonio, for American Medical Systems Inc.


OPINION

MAUZY, Justice.

This case comes to us on a question certified by the United States Court of Appeals for the Fifth Circuit. See Smith v. American Medical Systems, Inc., 876 F.2d 434 (5th Cir.1989). Pursuant to Texas Constitution article 5, § 3-c and Texas Rule of Appellate Procedure 114, we have jurisdiction to answer the question certified, which is:

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