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CLARK v. ZIMMER MANUFACTURING COMPANY

No. 5804.

290 F.2d 849 (1961)

Selwyn CLARK, Plaintiff, Appellant, v. ZIMMER MANUFACTURING COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided June 13, 1961.

Attorney(s) appearing for the Case

Christy A. Pano, Worcester, Mass., for appellant.

Leon F. Sargent, Boston, Mass., with whom Donald A. Macksey and Powers, Hall, Montgomery & Weston, Boston, Mass., were on brief, for appellee.

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

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts entered following the allowance of defendant's motion for summary judgment.

Plaintiff-appellant, Selwyn Clark, filed a declaration in the Superior Court of Worcester County in the Commonwealth of Massachusetts alleging that: On January 2, 1957 plaintiff suffered a compound fracture of the right femur. He was hospitalized and operated...

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