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SPENCER v. GENERAL HOSPITAL OF DISTRICT OF COLUMBIA

No. 21493.

425 F.2d 479 (1969)

James R. SPENCER, Appellant, v. GENERAL HOSPITAL OF the DISTRICT OF COLUMBIA et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 10, 1969.

Attorney(s) appearing for the Case

Mr. King David, Washington, D. C., for appellant.

Mr. Richard W. Barton, Assistant Corporation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel, Hubert B. Pair, Principal Asst. Corporation Counsel, and David P. Sutton, Asst. Corporation Counsel, were on the brief, for appellees.

Before BAZELON, Chief Judge, PRETTYMAN and DANAHER, Senior Circuit Judges, WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON and ROBB, Circuit Judges, sitting

On Rehearing En Banc.

McGOWAN, Circuit Judge:*

Appellant's complaint in the District Court alleged that (1) he had, as a paying patient, been admitted to the District of Columbia General Hospital for diagnosis and treatment of a pain in his back, (2) the Hospital's employees had "negligently, or recklessly, or carelessly" treated him, including the improper performance of surgery, and (3) the injuries so suffered were compensable...

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