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MERCHANTS NATIONAL BANK v. MORRISS

No. 5452.

269 F.2d 363 (1959)

The MERCHANTS NATIONAL BANK, Executor, Defendant, Appellant, v. Bernice I. MORRISS, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

July 31, 1959.

Attorney(s) appearing for the Case

James E. Mitchell, Bangor, Me., with whom John W. Ballou and Mitchell & Ballou, Bangor, Me., were on brief, for appellant.

Bartolo M. Siciliano, Dexter, Me., for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Circuit Judge (Retired).

This case was begun by a complaint filed in the United States District Court for the District of Maine, founding jurisdiction upon diverse citizenship and alleging in substance that Dr. Albert W. Fellows negligently wounded plaintiff's hand with a needle, thus introducing foreign matter, and that plaintiff suffered substantial damage from a resulting infection. Since Dr. Fellows had meanwhile died, the action was brought against...

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