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FLEMING v. MICHIGAN MUTUAL LIABILITY COMPANY

No. 21995.

363 F.2d 186 (1966)

Eugene FLEMING, Individually and for the Use and Benefit of his minor daughter, Mary Evelyn and Mary Ellen Rayford, wife of Eugene Fleming, Appellants, v. MICHIGAN MUTUAL LIABILITY COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 29, 1966.

Attorney(s) appearing for the Case

Frank S. Bruno, New Orleans, La., for appellants.

David W. Robinson, Baton Rouge, La., for appellees, Watson, Blanche, Wilson, Posner & Thibaut, Baton Rouge, La., of counsel.

Before RIVES and GEWIN, Circuit Judges, and ALLGOOD, District Judge.

GEWIN, Circuit Judge:

This is an action in tort for the recovery of damages against a liability insurer for the alleged negligence of its insured and the performance of surgery without consent, arising out of a skin graft transplant, technically termed a "homograft" from the person of the plaintiff-mother to her seriously injured minor daughter; and in addition, for alleged negligent treatment of the mother and the child. From a jury verdict and judgment in favor...

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