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MURPHY v. DYER

No. 10109.

409 F.2d 747 (1969)

Cyrilla MURPHY and George H. Murphy, Appellants, v. Harold L. DYER, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 29, 1969.

Attorney(s) appearing for the Case

Paul A. Barber, Colorado Springs, Colo., for appellants.

Arthur H. Downey, Denver, Colo. (H. Gayle Weller, Denver, Colo., with him on the brief), for appellee.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, District Judge.

MURRAH, Chief Judge.

In this diversity, malpractice suit arising in Colorado by a patient against her Colorado Springs doctor the defenses were the statute of limitations and non-negligence. The jury returned a general verdict for the defendant under instructions submitting the case on both limitations and negligence. On appeal, the patient, Mrs. Cyrilla Murphy, complains of the court's instructions on limitations but since no objections were made to them in the trial...

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