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LABORATORY CORP. OF AMERICA v. COMPTON

No. 04-02-00629-CV.

126 S.W.3d 196 (2003)

LABORATORY CORPORATION OF AMERICA, Appellant, v. Lorie COMPTON, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled January 6, 2004.

Attorney(s) appearing for the Case

Marie R. Yeates, Ara A. Hardig, Gwen Samora, Jennifer H. Davidow, Richard P. Dearing, Vinson & Elkins L.L.P., D. Faye Caldwell, E. Lindsey Everson, Howard L. Steele, Jr., Caldwell & Clinton P.L.L.C., Houston, for appellant.

Gerald T. Drought, Denise Nixon Bunk, Paul A. Fleck, Martin, Drought & Torres, Inc., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by ALMA L. LÓPEZ, Chief Justice.

This appeal is from a judgment against Laboratory Corporation of America ("LabCorp") in the second trial of a claim by Lorie Compton ("Compton") arising from the misdiagnosis of a biopsy. LabCorp raises numerous issues on appeal. Because the limitations issue is dispositive of the appeal, we only address whether Compton's claim is barred by limitations and whether the trial judge from the first trial...

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