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SMEDRA v. STANEK

No. 4167.

187 F.2d 892 (1951)

SMEDRA v. STANEK et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 5, 1951.

Attorney(s) appearing for the Case

Robert Swanson, Denver, Colo., for appellant.

Harold B. Wagner, Denver, Colo. (Carl A. Wyers, Denver, Colo., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Appellant, Zig Smedra, brought this action against Doctors Stanek and Matchett, for damages and expenses alleged to have resulted from negligent acts of the defendants in leaving "one or more sponges or pieces of surgical gauze in the person of the plaintiff" during an operation. The jury returned a verdict for defendants. From the judgment on the verdict Smedra has appealed.

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