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HUNT v. BRADSHAW

No. 7518.

251 F.2d 103 (1958)

Charles S. HUNT, Appellant, v. Howard H. BRADSHAW, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 6, 1958.

Attorney(s) appearing for the Case

Eugene H. Phillips, Winston-Salem, N. C., for appellant.

Irving E. Carlyle, Winston-Salem, N. C. (Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., on brief), for appellee.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and R. DORSEY WATKINS, District Judge.

SOBELOFF, Circuit Judge.

A malpractice suit against a surgeon ran its course in the courts of North Carolina, including the Supreme Court of that State, where the Superior Court's judgment of nonsuit against the plaintiff was affirmed. Thereafter, suit was begun anew in the United States District Court for the Middle District of North Carolina, jurisdiction resting on diversity. At the conclusion of the plaintiff's case, the District Judge directed a verdict for the...

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