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ROTAN v. GREENBAUM

No. 15037.

273 F.2d 830 (1959)

Hattie ROTAN, Administratrix of the Estate of Rose Belle Wade, also known as Rose Belle Carter, also known as Rose Belle Wise, Appellant, v. Seymour GREENBAUM, M. D., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 23, 1959.

Attorney(s) appearing for the Case

Mr. Ferdinand J. Mack, Washington, D. C., with whom Mr. Arthur J. Hilland, Washington, D. C., was on the brief, for appellant.

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

Before Mr. Justice BURTON, retired, WILBUR K. MILLER, and FAHY, Circuit Judges.

FAHY, Circuit Judge.

The appeal is by plaintiff in the District Court from a judgment entered there on a verdict directed by the court for defendant, a physician, in an action for wrongful death. Plaintiff is the administratrix of the estate of her daughter Rose Belle Wade, who died June 6, 1956, at the office of defendant about fifteen or twenty minutes after he had administered to her a 600,000 unit injection of penicillin. In our view the evidence raised an issue...

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