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MAZER v. LIPSHUTZ

Nos. 15447-15449.

360 F.2d 275 (1966)

Milton MAZER, Administrator of the Estate of Israel Abrams, Deceased, Appellant in No. 15448, v. Hattie LIPSHUTZ, Executrix of the Estate of Benjamin Lipshutz, Deceased, Appellant in No. 15447, v. Albert KOHN, Third-party Defendant, Appellant in No. 15449.

United States Court of Appeals Third Circuit.

Decided April 1, 1966.

Rehearing Denied May 10, 1966.

Attorney(s) appearing for the Case

John B. Martin, Philadelphia, Pa., for defendant Lipschutz (Joseph B. Erwin, Duane, Morris & Heckscher, Philadelphia, Pa., on the brief), for appellant Lipshutz.

Harvey B. Levin, Philadelphia, Pa. (Robert M. Bernstein, Bernstein, Bernstein, Harrison & Kessler, Philadelphia, Pa., Lazarus & Levin, Philadelphia, Pa., on the brief), for plaintiff, Appellee in No. 15447, Appellant in No. 15448.

Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.

Rehearing Denied in Nos. 14458, 14459 May 10, 1966.

McLAUGHLIN, Circuit Judge.

In this medical malpractice action the wrong type of blood was administered to plaintiff's decedent during the course of an operation upon him. In addition, one of two sponges left in the patient after the completion of the operation was never removed. At the first trial there were judgments in favor of the surgeon in charge, Dr. Lipshutz and the anesthesiologist, Dr. Chodoff. On...

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