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SCHULER v. BERGER

No. 17008.

395 F.2d 212 (1968)

Gerald J. SCHULER, Administrator of the Estate of Betty Mae Carlier, Deceased, v. Melvin M. BERGER, M. D., Appellant.

United States Court of Appeals Third Circuit.

Decided May 29, 1968.

Attorney(s) appearing for the Case

Francis E. Shields, Pepper, Hamilton & Scheetz, Philadelphia, Pa. (A. W. Cortese, Jr., Philadelphia, Pa., on the brief), for appellant.

William C. Hewson, Beasley, Albert, Hewson & Casey, Philadelphia, Pa. (James E. Beasley, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, FREEDMAN and SEITZ, Circuit Judges.

PER CURIAM.

The jury found for the plaintiff in this medical malpractice death case. The defendant appeals the district court's denial of his motions for judgment notwithstanding the verdict or for a new trial. Schuler v. Berger, 275 F.Supp. 120 (E.D.Pa.1967).

Defendant's principal contention is that its motion for judgment n. o. v. should have been granted because plaintiff failed to sustain his burden under Pennsylvania...

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