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WALL v. BRIM

No. 10939.

145 F.2d 492 (1944)

WALL v. BRIM.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 15, 1944.

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.

When this cause was here before,1 we reversed for want of evidence to support the issue of negligence on which the verdict and judgment were based. Because however, the record contained evidence definitely presenting another issue, whether the operation was performed without the patient's consent, and the issue had not been submitted to the jury, we remanded the cause with directions to permit the parties to ...

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