NORLAND v. WASHINGTON GENERAL HOSPITAL

No. 20536.

461 F.2d 694 (1972)

Mark Charles NORLAND, a Minor, by and Through His Next Friend James N. Norland, James N. Norland, and Susan K. Norland, Husband and Wife, Plaintiffs-Appellants, v. WASHINGTON GENERAL HOSPITAL et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 5, 1972.

Rehearing Denied June 6, 1972.


Attorney(s) appearing for the Case

Samuel Langerman, Phoenix, Ariz., for plaintiffs-appellants.

W. W. Bassett, Jr., Fayetteville, Ark., for Empire Fire & Marine Ins. Co.

Richard B. Shaw, Fort Smith, Ark., for James D. Mashburn.

Before JOHNSON, VOGEL and ROSS, Circuit Judges.


PER CURIAM.

The appeal is by the plaintiffs in a diversity suit for malpractice under Arkansas law, brought by an infant through his father as next friend, and also by the father and mother in their own right. Recovery was sought against the obstetrician by whom the infant was delivered, against the hospital where the delivery occurred, and against the liability insurance carrier of the hospital (as permitted by Ark.Stat. 66-3240). The court granted dismissal of the...

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