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CAMPBELL v. OLIVA

No. 19810.

424 F.2d 1244 (1970)

Barbara CAMPBELL, Plaintiff-Appellant, v. Peter OLIVA, M.D., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

April 22, 1970.

Attorney(s) appearing for the Case

N. Eugene Worthington, Madisonville, Tenn., J. D. Lee, Madisonville, Tenn., Charles R. Terry, Morristown, Tenn., on the brief, for appellant; Reed & Terry, Morristown, Tenn., of counsel.

C. T. Herndon, III, Johnson City, Tenn., J. Paul Coleman, C. T. Herndon, III, Johnson City, Tenn., on the brief, for appellee; Simmonds, Herndon, Johnson & Coleman, Johnson City, Tenn., of counsel.

Before WEICK and EDWARDS, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

WEICK, Circuit Judge.

The only question in this appeal is whether the District Court erred in granting defendant's motion for a directed verdict, made at the close of all of the evidence.

The suit was against a plastic surgeon for damages for malpractice in his diagnosis, treatment and surgery of plaintiff's jaw. Jurisdiction was based on diversity of citizenship.

The substantive issues of this case are governed by Tennessee law. The procedural issues...

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