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HARRIS v. SMITH

No. 18378.

372 F.2d 806 (1967)

Theodore A. HARRIS, Father and Next Friend of Patrick Harris, a Minor, Appellant, v. Richard D. SMITH, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 24, 1967.

Attorney(s) appearing for the Case

Alfred A. Fiedler and Stephen E. Sturek, Jr., Omaha, Neb., for appellant.

L. J. Tierney, of Cassem, Tierney, Adams & Henatsch, and Martin A. Cannon, Omaha, Neb., for appellee.

Before VOGEL, Chief Judge, MATTHES, Circuit Judge, and DUNCAN, Senior District Judge.

VOGEL, Chief Judge.

Dr. Theodore Harris, appellant herein, instituted this action as father and next friend of Patrick Harris, a minor, alleging that medical treatment and malpractice by Dr. Richard D. Smith, defendant-appellee, was responsible for the amputation of his son Patrick's right arm. Negligence and malpractice were alleged in the following particulars:

"(a) In failing to administer any antibiotics, or tetanous [sic] toxoid or antitoxin. ...

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