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MALLOY v. PROVIDENCE HOSPITAL

No. 16114.

296 F.2d 366 (1961)

Frank J. MALLOY, Appellant, v. PROVIDENCE HOSPITAL and John J. Leahy, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 29, 1961.

Attorney(s) appearing for the Case

Mr. Harry W. Goldberg, Washington, D. C., with whom Messrs. Morris Altman and Max M. Goldberg, Washington, D. C., were on the brief, for appellant.

Mr. Paul R. Connolly, Jr., Washington, D. C., for appellee Providence Hospital.

Mr. J. Joseph Barse, Washington, D. C., with whom Messrs. H. Mason Welch and J. Harry Welch, Washington, D. C., were on the brief, for appellee John J. Leahy.

Before PRETTYMAN, WASHINGTON and BURGER, Circuit Judges.

PRETTYMAN, Circuit Judge.

This is a civil action for damages by reason of alleged negligence. At the conclusion of the opening statement on behalf of the plaintiff, counsel for the defendants moved for judgment. In the course of the opening statement counsel for the plaintiff told the jury he would present certain hospital records as supporting his position. Counsel for the defendants asked the court to examine the records and determine whether they did indeed support...

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