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HENRY W. PUTNAM MEMORIAL HOSPITAL v. ALLEN

No. 347.

34 F.2d 927 (1929)

HENRY W. PUTNAM MEMORIAL HOSPITAL et al. v. ALLEN.

Circuit Court of Appeals, Second Circuit.

July 15, 1929.

Attorney(s) appearing for the Case

Stickney, Sargent & Skeels, of Ludlow, Vt., E. L. Bates and Collin M. Graves, both of Bennington, Vt., and B. L. Stafford, of Rutland, Vt. (Edwin W. Lawrence, of Rutland, Vt., and Olin M. Jeffords, of Ludlow, Vt., of counsel), for appellants.

Edward H. Holden, of Bennington, Vt., and Walter S. Fenton, of Rutland, Vt., for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

This appeal was so ably briefed and argued that the court desires to express to counsel for both sides its appreciation of the assistance rendered by their admirable presentation of the issues. These relate, in brief, to (1) the court's refusal to compel the plaintiff to elect against which of the defendants she would proceed; (2) its ruling that the hospital as a charitable institution was not immune from liability...

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