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SMITH v. MARYLAND CASUALTY COMPANY

Civ. A. No. 15443.

292 F.Supp. 358 (1968)

Mrs. Marjorie Green SMITH and Richard L. Smith v. MARYLAND CASUALTY COMPANY and Insurance Company of North America.

United States District Court E. D. Louisiana, New Orleans Division.

October 17, 1968.

Attorney(s) appearing for the Case

Kenneth Manuel, New Orleans, La., for Mrs. Marjorie Green Smith, plaintiff.

John H. Brooks, New Orleans, La., for Richard L. Smith, plaintiff.

Francis G. Weller, New Orleans, La., for Maryland Casualty Co., defendant.

Allen R. Fontenot, New Orleans, La., for Insurance Co. of North America, defendant.

RULING ON DEFENDANTS' MOTION TO DISMISS FOR LACK OF JURISDICTION

RUBIN, District Judge:

On April 7, 1964 a hysterectomy and appendectomy were performed on Mrs. Marjorie Green Smith at Touro Infirmary. When requested to stand following her operation she discovered a pain in her left foot and was unable to walk. Her injury was diagnosed as a fracture of her left foot and her foot was placed in a cast. Following the hospitalization she allegedly required psychiatric...

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