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HUGGINS v. GRAVES

No. 15303.

337 F.2d 486 (1964)

Harrell F. HUGGINS, Plaintiff, v. Dr. Joseph W. GRAVES and Nazareth Literary and Benevolent Institute, Defendants and Third-Party Plaintiffs-Appellees, v. Dr. Chester G. ADAMS, et al., dba, Anesthesiologists Associated, Third-Party Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

October 28, 1964.

Attorney(s) appearing for the Case

Sizer Chambliss, Chattanooga, Tenn., F. Thornton Strang, Chattanooga, Tenn., on brief; Strang, Fletcher, Carriger & Walker, Chattanooga, Tenn., of counsel, for third-party defendants-appellants.

William W. Haynes and Alvin O. Moore, Chattanooga, Tenn., Spears Moore, Rebman & Williams, Chattanooga, Tenn., on brief; Hall, Haynes, Lusk & Foster, Chattanooga, Tenn., of counsel, for defendants and third-party plaintiffs-appellees.

Before MILLER and CECIL, Circuit Judges, and McALLISTER, Senior Circuit Judge.

SHACKELFORD MILLER, Jr., Circuit Judge.

This case arose from the confusing of two patients in a hospital and the consequent performing on each patient of the operation intended for the other.

In the removal of the two patients from their hospital rooms to the operating rooms, the hospital charts of the patients were mixed and each patient was then placed in the operating room scheduled for the other. The result was that the plaintiff who had been scheduled...

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