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ABEL v. SURGITEK

No. 04-97-00991-CV.

975 S.W.2d 30 (1998)

Lorraine ABEL, et al., Appellants, v. SURGITEK, a Division of Bristol-Myers Squibb Co., Bristol-Myers Squibb Co., and Medical Engineering Corp., Appellees.

Court of Appeals of Texas, San Antonio.

Concurring opinion April 22, 1998.

Rehearing Overruled May 5, 1998.

Attorney(s) appearing for the Case

Michael Gallagher, Sharon Sue McCally, Gallagher, Lewis & Downey, Houston, Daryl L. Moore, Houston, for Appellants.

G. Thomas Coghlan, Lang, Landon, Green, Coghlan & Fisher, P.C., San Antonio, P. Michael Jung, Strasburger & Price, L.L.P., Dallas, for Appellees.

HARDBERGER, C.J., and RICKHOFF and DUNCAN, JJ.

Concurring opinion of Justice Rickhoff, April 22, 1998.

OPINION

HARDBERGER, Chief Justice.

This is an interlocutory appeal of a trial court's order granting a motion to transfer venue based on improper joinder. Appellees filed a motion to dismiss this appeal for lack of jurisdiction which we have taken with the case.1 Finding that we have jurisdiction to consider...

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