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BARNES v. TENIN

No. 593, Docket 34108.

429 F.2d 117 (1970)

Rowland BARNES, Administrator of the Estate of Evelyn Elizabeth Adams, deceased, Appellee, v. Herman TENIN, Appellant.

United States Court of Appeals, Second Circuit.

Decided April 2, 1970.

Attorney(s) appearing for the Case

David Skolnick, New Haven, Conn. (Alexander Winnick, New Haven, Conn., on the brief), for appellant.

Thomas P. Clifford, New Haven Conn. (Richard G. Adams, New Haven, Conn., on the brief), for appellee.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This wrongful death action arises from the alleged malpractice of appellant Dr. Herman Tenin, an oral surgeon, in an operation he performed on March 8, 1965. The events of that day are not the subject of much dispute.1 Plaintiff's decedent Mrs. Evelyn Adams visited Dr. Tenin's office to undergo a full mouth extraction. Upon Mrs. Adams's arrival at approximately 8:30 a. m., Mrs. Ann Barlow, one of Dr. Tenin...

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