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KARP v. COOLEY

Civ. A. No. 71-H-369.

349 F.Supp. 827 (1972)

Shirley KARP, Individually, as Executor of the Estate of Haskell Karp, and as next friend of Joel Karp and Martin Karp, Minors, and Harry Michael Karp, v. Denton A. COOLEY et al.

United States District Court, S. D. Texas, Houston Division.

October 18, 1972.

Attorney(s) appearing for the Case

John H. Holloway, Houston, Tex., for plaintiffs.

Thomas B. Weatherly, Vinson Elkins, Searls & Smith, Houston, Tex., for defendant Denton Cooley.

Charles D. Boston, Fulbright, Crooker & Jaworski, Houston, Tex., for defendants Sam Calvin and St. Lukes Episcopal Hospital.

A. J. Watkins, Watkins & Hamilton, Houston, Tex., for defendant Domingo S. Liotta.

ORDER

SINGLETON, District Judge.

After nine days of trial in the above-captioned malpractice suit based on diversity jurisdiction, the joint motion of defendants Cooley and Liotta for a directed verdict was granted. Fed.R.Civ. P. 50(a). The granting of said directed verdict is based on the following facts and conclusions.

Haskell Karp had a medical history revealing past coronary problems. He had scarlet fever at the age of fifteen. In 1959, at the...

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