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LATTA v. SABIN

No. 17664.

329 F.2d 897 (1964)

James B. LATTA, Appellant, v. Hilbert S. SABIN, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 20, 1964.

Attorney(s) appearing for the Case

Mr. Earl H. Davis, Washington, D. C., with whom Mr. Donald S. Caruthers, Washington, D. C., was on the brief, for appellant.

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. Mr. James A. Welch, Washington, D. C., also entered an appearance for appellee.

Before DANAHER, BASTIAN and McGOWAN, Circuit Judges.

DANAHER, Circuit Judge.

The District Judge directed a verdict in favor of the appellee on the issue of negligence in a malpractice action. The appellant did not sustain his burden of proving that the surgeon had failed to exercise that degree of care and skill required by the standard of practice which the appellee was bound to afford to the appellant as his patient.1 The appellant's claims as to breach of warranty and unauthorized operation...

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