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McCAULY v. MORAN

No. 12402.

219 F.2d 771 (1955)

Gilbert McCAULY, a minor, through Allen McCauly, Father and Next Friend, Appellant, v. Robert E. MORAN, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 1955.

Attorney(s) appearing for the Case

Mr. William E. Owen, Washington, D. C., with whom Mr. Ralph Stein, Washington, D. C., was on the brief, for appellant.

Mr. John R. Daily, Washington, D. C., with whom Messrs. H. Mason Welch and J. Harry Welch, Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, DANAHER and BASTIAN, Circuit Judges.

PER CURIAM.

Appellant (plaintiff) appeals from a judgment of the District Court entered in favor of appellee (defendant), Moran, at the close of plaintiff's case. The action was originally instituted against both Dr. Robert E. Moran and Children's Hospital. At the pretrial, the pretrial judge dismissed the complaint as to Children's Hospital, but allowed it to proceed to trial against Dr. Moran. At the conclusion of plaintiff's case, a motion was made for direction...

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