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REDER v. HANSON

No. 17671.

338 F.2d 244 (1964)

Monte Dean REDER, minor, by Hope L. Reder, his Guardian, Appellant, v. H. D. HANSON, M. D., Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 16, 1964.

Attorney(s) appearing for the Case

Horace R. Jackson, Rapid City, S. D., made argument for appellant and filed brief with Frederick E. Saefke, Jr., Bismarck, N. D.

Philip Vogel, of Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., made argument for appellee and filed brief with Zuger, Zuger & Bucklin, Bismarck, N. D.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and DELEHANT, District Judge.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff guardian from the dismissal of this action which she brought upon behalf of her minor son, Monte Reder, to recover damages for malpractice against the defendant, H. D. Hanson, M.D. The dismissal followed the sustaining of a motion to direct the verdict made by the defendant at the close of all the evidence. Jurisdiction, based upon diversity of citizenship, is established.

The motion for a directed...

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