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STEINBERG v. INDEMNITY INSURANCE CO. OF NORTH AMERICA

No. 22625.

364 F.2d 266 (1966)

Elizabeth STEINBERG, Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Elizabeth STEINBERG, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 1, 1966.

Attorney(s) appearing for the Case

Gerald P. Fedoroff, Cecil M. Burglass, New Orleans, La., for appellant.

Carl J. Schumacher, Jr., Lemle & Kelleher, Dermot S. McGlinchey, New Orleans, La., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge:

This diversity action was brought against the malpractice insurer of certain plastic surgeons1 asserting negligence in their postoperative treatment of plaintiff with resulting personal injuries, disfigurement, etc. A jury returned a verdict in favor of plaintiff in the sum of $49,000; judgment was entered June 15, 1964. Defendant filed a timely motion for judgment n. o. v., and alternatively, for a new trial,...

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