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PORTER v. GROAT

No. 87-3546.

840 F.2d 255 (1988)

Carroll PORTER; Lillian Porter, Plaintiffs-Appellants, v. Robert L. GROAT, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1988.

Attorney(s) appearing for the Case

Elwood Earl Sanders, Jr., Woodbridge, Va., for plaintiffs-appellants.

Joseph Veith (Stephen L. Altman, Donahue, Ehrmantraut & Montedonico, Fairfax, Va., on brief), for defendant-appellee.

Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

HARRISON L. WINTER, Chief Judge.

Lillian Porter and her husband sued Dr. Robert L. Groat alleging medical malpractice in eye surgery he performed on Mrs. Porter in North Carolina on January 6, 1981 which resulted in permanent injury. The suit was filed in the Eastern District of Virginia where the Porters reside. Dr. Groat resides in North Carolina. In 1984, the Porters had sued Dr. Groat in a state court in North Carolina, but they voluntarily dismissed the suit...

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