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BURKE v. WASHINGTON HOSPITAL CENTER

No. 71-1452.

475 F.2d 364 (1973)

Mary BURKE et al., Appellants, v. WASHINGTON HOSPITAL CENTER et al.

United States Court of Appeals, District of Columbia Circuit.

February 9, 1973.

Attorney(s) appearing for the Case

A. Lillian C. Kennedy and Mabel D. Haden, Washington, D. C., were on the brief for appellants.

John L. Ridge, Jr., Washington, D. C., was on the brief for appellee.

Before ELBERT P. TUTTLE, United States Senior Circuit Judge for the Fifth Circuit, and TAMM and WILKEY, Circuit Judges.

PER CURIAM:

Plaintiffs-appellants, husband and wife, brought this action seeking damages for failure to remove a surgical sponge from Mary Burke's abdomen during an operation performed by Dr. Ernest W. Lowe. Washington Hospital Center, as codefendant and employer of the nurses who attended at the operation, reached a settlement with plaintiffs shortly before trial. After trial below on the remaining claim against Dr. Lowe (who was not an employee of the Hospital)...

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