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WALL v. BRIM

No. 10740.

138 F.2d 478 (1943)

WALL v. BRIM

Circuit Court of Appeals, Fifth Circuit.

October 20, 1943.

Attorney(s) appearing for the Case

Grover Middlebrooks, of Atlanta, Ga., and Clifford E. Hay, of Thomasville, Ga., for appellant.

A. B. Conger, of Bainbridge, Ga., and Ira Carlisle, of Cairo, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for malpractice. The claim was that in making the diagnosis with respect to, and in performing an operation for, the removal of a growth or cyst located in plaintiff's neck just under and back of her ear, defendant did not bring to the exercise of his profession the reasonable degree of care and skill required by law.1 This was denied, and there was a trial to a jury.

Plaintiff offered no...

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