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SCOTT v. SPANJER BROS., INC.

No. 88, Docket 27056.

298 F.2d 928 (1962)

Wayne SCOTT and Kevin Scott, infants, by Lauretta Scott, their guardian ad litem, and Lauretta Scott, individually, and John T. Scott, Plaintiffs-Appellees, v. SPANJER BROS., INC., and August Drexler, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided January 11, 1962.

Attorney(s) appearing for the Case

John G. Reilly, New York City (Reilly & Reilly and Peter E. DeBlasio, New York City, on the brief), for appellants.

Raphael H. Weissman, Brooklyn, N. Y. (Laurence Feldman and Marvin Hochberg, New York City, on the brief), for appellees.

Before CLARK, HINCKS and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge.

This appeal is taken from a judgment in favor of plaintiffs-appellees1 in an action brought to recover damages for personal injuries sustained through the alleged negligence of the defendants-appellants. The case was tried before Judge Bartels and a jury.2

Appellants, upon several grounds, contend that the appointment of a medical expert to examine and testify on the condition...

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