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YOUNG v. FISHBACK

No. 14408.

262 F.2d 469 (1958)

Ronald W. YOUNG, Appellant, v. Frederick C. FISHBACK, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 18, 1958.

Petition for Rehearing Denied January 20, 1959.

Attorney(s) appearing for the Case

Mr. Arthur L. Willcher, Washington, D. C., with whom Mr. Richard B. Lansdal, Washington, D. C., was on the brief, for appellant.

Mr. Walter J. Murphy, Jr., Washington, D. C., with whom Messrs. J. Harry Welch, H. Mason Welch, J. Joseph Barse, and Arthur V. Butler, Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, Chief Judge, and EDGERTON and WILBUR K. MILLER, Circuit Judges.

Petition for Rehearing In Banc Denied January 20, 1959.

WILBUR K. MILLER, Circuit Judge.

About a year after the appellee, Dr. Fishback, performed an appendectomy on Ronald W. Young, the appellant, an abscess the size of a small egg had developed on the scar. After Dr. Fishback operated again to relieve the abscess, this action for alleged malpractice was filed against him by the patient and his wife.

The theory...

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