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STREETMAN v. NGUYEN

No. 04-96-00606-CV.

943 S.W.2d 168 (1997)

Lallie STREETMAN, Individually and as Executrix of The Estate of Henry S. Streetman, Deceased; Doris Marie Warncke; John Henry Streetman; Jesse Steveson Streetman; and Johnny Wayne Streetman, Appellants, v. Vung D. NGUYEN, M.D., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 23, 1997.

Attorney(s) appearing for the Case

Carol P. Lomax, Branton & Hall, P.C., San Antonio, for appellants.

George F. Evans, Jr., Ruth Greenfield Malinas, Michele Barber Chimene, Brett B. Rowe, Ball & Weed, P.C., San Antonio, for appellee.

Before RICKHOFF, LÓPEZ and ANGELINI, JJ.

ANGELINI, Justice.

This is an appeal from the granting of summary judgment in a medical malpractice suit. In two points of error, appellants contend that the trial court erred in granting summary judgment because the statute of limitations had not yet expired when suit was filed. We affirm the judgment of the trial court.

Factual and Procedural Background

Henry Streetman died of cancer in January of 1995. Prior to being diagnosed with

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