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BAILEY v. K. E. VAN BUSKIRK

No. 19490.

345 F.2d 298 (1965)

George S. BAILEY, Appellant, v. K. E. VAN BUSKIRK, Appellee.

United States Court of Appeals Ninth Circuit.

April 26, 1965.

Attorney(s) appearing for the Case

Richard A. De Santis, Beverly Hills, Cal., for appellant.

John W. Douglas, Asst. Atty. Gen., Sherman L. Cohn, Robert V. Zener, Attys., Dept. of Justice, Washington, D. C., Manuel Real, U. S. Atty., Donald J. Merriman, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, JERTBERG and ELY, Circuit Judges.

CHAMBERS, Circuit Judge:

Plaintiff, an enlisted man in the United States army, in this diversity action sues two army medical surgeons1 personally for alleged malpractice in an operation performed at Letterman Army Hospital at San Francisco. He says negligent leaving of surgical sutures in the kidney area on the first operation necessitated a second operation and the removal of a kidney.

The district court dismissed the action...

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