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OSTOJIC v. BRUECKMANN

No. 16516.

405 F.2d 302 (1968)

Dusan OSTOJIC, Plaintiff-Appellant, v. Dr. F. Robert BRUECKMANN, Defendant-Appellee, Dr. Anthony R. Lasich and Dr. R. L. Campbell, Defendants.

United States Court of Appeals Seventh Circuit.

December 19, 1968.

Attorney(s) appearing for the Case

James A. Briggs, Richard P. Tinkham, Jr., James K. Sommer, David A. Steckbeck, Indianapolis, Ind., for plaintiff-appellant; Briggs, Sommer & Tinkham, Indianapolis, Ind., of counsel.

Henry E. Bradshaw, Robert J. Shula, Indianapolis, Ind., Grace M. Curry, Indianapolis, Ind., for defendant-appellee; Bingham, Summers, Welsh & Spilman, Indianapolis, Ind., of counsel.

Before HASTINGS, Circuit Judge, KNOCH, Senior Circuit Judge, and SWYGERT, Circuit Judge.

KNOCH, Senior Circuit Judge.

The plaintiff-appellant, Dusan Ostojic, brought action in the United States District Court against three physicians, Dr. F. Robert Brueckmann, Dr. Anthony R. Lasich and Dr. R. L. Campbell, on a complaint of malpractice. Jurisdiction was based on diversity of citizenship.

The District Court initially denied and on reconsideration granted Dr. Brueckmann's motion for summary judgment based on the ground that the action as to him was...

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