AMERICAN HOME PRODUCTS CORP. v. BURROUGH

No. 11-98-00214-CV.

998 S.W.2d 696 (1999)

AMERICAN HOME PRODUCTS CORPORATION and Wyeth-Ayerst Laboratories Division of American Home Products Corporation, Appellants, v. Archie BURROUGH, Betty Olson, Ester Justice, Frances Westbrook, and Julie Yates, Appellees.

Court of Appeals of Texas, Eastland.

July 15, 1999.


Attorney(s) appearing for the Case

Burgain G. Hayes, David C. Duggins, Marnie A. McCormick, Susan E. Burnett, Leslie A. Benitez, Patrick L. Delaune, Clark, Thomas & Winters, Austin, Robert A. Junell, Jackson Walker, LLP, San Angelo, Bob E. Shannon, Baker & Botts, Austin, Charles L. Black, Roy B. Longacre, Wagstaff Alvis, Stubbeman, Seamster & Longacre, Abilene, Zollie C. Steakley, Steakley & Wetsel, Sweetwater, for appellants.

Philipa M. Remington, Cowles & Thompson, Dallas, Sharon S. McCally, Daryl L. Moore, Moore & McCally, J. Scott Nabers, Michael Saunders, J. Donald Bowen, Helm, Pletcher, Bowen & Saunders, Houston, Lance Hall, R. Temple Dickson, Moore, Dickson, Maxwell & Baker, Sweetwater, Jerry L. Coyle, Lawson & Fields, Roy L. Stacy, Calhoun & Stacy, Dallas, Kenneth Tekell, Houston, Michael A. Walsh, Strasburger & Price, John R. Henderson, Vial, Hamilton, Koch & Knox, Dallas, Deanna Dean Smith, Carlson & Smith, Houston, David P. Boyce, Wright & Greenhill, Stephanie A. Smith, Fulbright & Jaworski, Doug Lackey, Brown, McCarroll & Oaks Hartline, Austin, for appellees.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and DICKENSON, Senior Justice.


OPINION

WRIGHT, Justice.

After we issued our opinion in this case, the Supreme Court announced its decision in Surgitek, Bristol-Myers Corporation v. Abel, 997 S.W.2d 598 (1999). Appellants' motion for rehearing is granted; our former opinion and judgment dated January 25, 1999, are withdrawn; and the following is substituted therefor.

This is an interlocutory...

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