BISHOP v. BYRNE

Civ. A. No. 2131.

265 F.Supp. 460 (1967)

Alma Lee BISHOP and Raymond Lewis Bishop, Plaintiffs, v. Dr. Kenneth BYRNE, Defendant.

United States District Court S. D. West Virginia, Huntington Division.

March 21, 1967.


Attorney(s) appearing for the Case

John D. Epperly, Broaddus, Epperly & Broaddus, Martinsville, Va., and William A. Beckett, Beckett & Burford, Huntington, W. Va., for plaintiffs.

John E. Jenkins, Jenkins, Schaub & Fenstermaker, Huntington, W. Va., for defendant.


CHRISTIE, District Judge.

This diversity action is presently before the Court pursuant to defendant's motions (a) to dismiss and (b) for summary judgment. The basis for the action is as follows:

In July 1962 plaintiffs engaged defendant to perform a sterilization operation on Mrs. Bishop. Some seventeen months later Mrs. Bishop became pregnant and on September 29, 1964, she was delivered of a child by Caesarean section. At the time of this birth one of her...

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