AYERS v. PARRY

No. 10436.

192 F.2d 181 (1951)

AYERS v. PARRY et al.

United States Court of Appeals Third Circuit.

Decided August 28, 1951.

Rehearing Denied December 3, 1951.


Attorney(s) appearing for the Case

John E. Toolan, Perth Amboy, N. J. (Edmund A. Hayes and John T. Keefe, New Brunswick, N. J., on the brief), for appellant.

Wm. P. Braun, Newark, N. J., for appellee Parry.

Robert V. Carton, Asbury Park, N. J. (Durand, Ivins & Carton, Asbury, N. J., on the brief), for appellee Haines.

Before GOODRICH and KALODNER, Circuit Judges, and MARSH, District Judge.


MARSH, District Judge.

This action was instituted against a surgeon and an anesthetist for malpractice. Jurisdiction arises from diversity of citizenship and a claim for damages in excess of the statutory amount. At the conclusion of the evidence presented on behalf of plaintiff the court below entered judgment in favor of the defendants and plaintiff appeals. The question raised by this appeal is whether plaintiff made out a prima facie case. A careful examination...

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