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LILLIBRIDGE v. RILEY

No. 19958.

316 F.2d 232 (1963)

Mrs. Mildred LILLIBRIDGE, Appellant, v. Dr. Wells RILEY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 22, 1963.

Attorney(s) appearing for the Case

Ernest Bostick, Smyrna, Ga., J. Milton Grubbs, Jr., Grubbs & Prosser, Marietta, Ga., for appellant.

Sam F. Lowe, Jr., Atlanta, Ga., for appellee.

Before JONES and BELL, Circuit Judges, and GROOMS, District Judge.

JONES, Circuit Judge.

On January 11, 1960, the appellant, Mildred Lillibridge, brought a malpractice action in the United States District Court for the Northern District of Georgia, against the appellee, Wells Riley, a practicing physician, asserting that Dr. Riley had negligently made an erroneous diagnosis and failed properly to treat her as his patient. The complaint alleged that Mrs. Lillibridge was a citizen of Ohio and that Dr. Riley was a citizen of Georgia...

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