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MILLS v. SMALL

No. 71-1511.

446 F.2d 249 (1971)

Elizabeth MILLS, Plaintiff-Appellant, v. L. K. SMALL, M.D., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 30, 1971.

Attorney(s) appearing for the Case

Elizabeth Mills, in pro. per.

Crosby, Heafey, Roach & May, Oakland, Cal., for defendant-appellee.

Before MERRILL, HUFSTEDLER and TRASK, Circuit Judges.

PER CURIAM:

The plaintiff appeals from the district court's dismissal of her in propria persona action charging the defendant with certifying to the Superior Court of Alameda County on July 21, 1954, that he had examined the plaintiff when he had not. The defendant, Dr. Small, was at the time a medical examiner for the Superior Court and acting within the scope of his employment. Plaintiff sought general and exemplary damages.

The district court dismissed...

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