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VOGAN v. BYERS

No. 19150.

447 F.2d 543 (1971)

James F. VOGAN, Administrator d.b.n. of the Estate of Robert M. Vogan, and Katherine Vogan, as Trustee Ad Litem for the next of kin of Robert M. Vogan v. John A. BYERS and Daniel G. Duker. James F. Vogan and Katherine Vogan, Appellants.

United States Court of Appeals, Third Circuit.

August 27, 1971.

Attorney(s) appearing for the Case

Homer W. King, Pittsburgh, Pa., for appellants.

Bruce R. Martin, Pittsburgh, Pa., for appellee, Duker.

Frederick N. Egler, Egler, McGregor & Reinstadtler, Pittsburgh, Pa., (Andrew L. Weil, Pittsburgh, Pa., on the brief), for appellee, John A. Byers.

Before SEITZ, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiffs appeal the district court's denial of a new trial after a jury verdict for the defendants in a medical malpractice suit under the Pennsylvania Wrongful Death and Survival Acts.

Plaintiffs' decedent, Robert M. Vogan, age 11, fractured his wrist and jaw in a sledding accident. Defendant Byers, a general surgeon, conducted an examination of decedent at the hospital and called in an oral surgeon to...

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