BENDER v. DINGWERTH

No. 27639.

425 F.2d 378 (1970)

Mary P. BENDER, Plaintiff-Appellant, v. Dr. Frank S. DINGWERTH et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 6, 1970.


Attorney(s) appearing for the Case

Otto B. Mullinax, Dallas, Tex., Herbert L. Lenchner, Pittsburg, Pa., John E. Collins, Dallas, Tex., for appellant.

William David, Sloan B. Blair, Ft. Worth, Tex., for appellees.

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.


GOLDBERG, Circuit Judge:

In this medical malpractice case we wrestle with the usual problems attendant upon such suits and with a particularly difficult one concerning proximate cause, a concept which has all too often thrown judges and lawyers into confusion as though it were a brooding omnipresence in the sky of torts.

Invoking diversity jurisdiction, Mary P. Bender, the surviving wife of Thomas C. Bender, brought this action on behalf of herself and her...

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