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KLAGER v. WORTHING

No. 04-95-00134-CV.

957 S.W.2d 852 (1996)

Mary KLAGER & Gene Klager, Appellants, v. Dr. Fabian WORTHING, III; O'Quinn, Kerensky, McAninch and Laminack; and Richard N. Laminack, Appellees.

Court of Appeals of Texas, San Antonio.

December 11, 1996.

Attorney(s) appearing for the Case

Jesse R. Castillo, Sam N. Nieto, Castillo & Nieto, P.C., San Antonio, for Appellants.

Jeffrey H. Uzick, James B. Lewis, Glover, Anderson, Chandler & Uzick, L.L.P., Houston, Thomas R. McDade, William P. Maines, McDade & Floger, L.L.P., Houston, Luther H. Soules, III, Sara Murray, Soules & Wallace, San Antonio, for Appellees.

Before LOPEZ, GREEN and SHIRLEY W. BUTTS, JJ.

ON MOTION FOR REHEARING

LOPEZ, Justice (joined by Justice SHIRLEY W. BUTTS1).

On motion for rehearing, OKM&L first argues that this court erred in its holding that OKM&L failed to conclusively exclude itself as the party that mishandled Mrs. Klager's implants and tissue samples and that a fact issue remained to be tried on that issue. OKM&L next argues, alternatively...

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