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STARR v. FREGOSI

No. 22308.

370 F.2d 15 (1966)

John H. STARR and Mrs. John H. Starr, Appellants, v. Albert FREGOSI, M. D., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 13, 1967.

Attorney(s) appearing for the Case

Warren H. Cobb, Daytona Beach, Fla., Robert W. Cagle, Atlanta, Ga., for appellants.

Wm. H. Schroder, T. M. Smith, Atlanta, Ga., for appellee.

Before BROWN, WISDOM, and THORNBERRY, Circuit Judges.

WISDOM, Circuit Judge:

This medical malpractice case calls for a close study of the record to determine whether the district judge's finding of no negligence was clearly erroneous.

John Starr was a carpenter in Atlanta. Before he moved to Atlanta he had a history of prostate trouble which had been treated successfully with drugs. When his prostatitis flared up again in Atlanta, he consulted the defendant, Dr. Albert Fregosi. Dr. Fregosi treated Starr several...

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