DILL v. SCUKA

No. 13053.

279 F.2d 145 (1960)

Kenneth V. DILL, Appellant, v. Clayton L. SCUKA, M.D.

United States Court of Appeals Third Circuit.

Decided May 27, 1960.


Attorney(s) appearing for the Case

Marshall E. Miller, Bernard Gordon, Washington, D. C., Joseph B. Danzansky, Raymond R. Dickey, Milton Quint, Robert F. Rolnick, Robert S. Schoshinski, Washington, D. C., Milton Zacharias, Kenneth H. Hiebsch, Richard A. Render, Wichita, Kan. (Albert L. Kamas, Wichita, Kan., Lester H. Novack, Philadelphia, Pa., on the brief), for appellant.

Thomas E. Comber, Jr., Philadelphia, Pa. (Edward W. Madeira, Jr., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

Two interrelated questions are raised by the plaintiff-appellant in this malpractice suit: (1) whether there was any vital inconsistency in the expert medical testimony he proffered in support of an essential element of his claim, and (2) assuming there was such inconsistency, was the district court justified in granting defendant's motion for involuntary dismissal under Federal Rule of Civil Procedure 41(b), 28 U.S.C.

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