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PELTOLA v. WHITING

No. 144.

132 F.2d 857 (1943)

PELTOLA v. WHITING.

Circuit Court of Appeals, Second Circuit.

January 19, 1943.

Attorney(s) appearing for the Case

David Muss, of New York City, for appellant.

Lorenz J. Brosnan and Robert J. Bell, both of New York City, for appellee.

Before L. HAND, CHASE and CLARK, Circuit Judges.

PER CURIAM.

This case presents only the question whether the judge was right in directing a verdict for the defendant. Feldman's testimony was that if the abscess was merely peri-tonsillar, the defendant's treatment was right; but that, if it had been preceded by "dental manipulation," it was wrong. The only testimony in the case as to "dental manipulation" was that of the dentist, who said that the filling of the tooth had had nothing to do with the abscess. The...

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