HAVEN v. RANDOLPH

No. 72-1891.

494 F.2d 1069 (1974)

Roy C. HAVEN, Jr., a minor by his next friend, et al., Appellants, v. Judson G. RANDOLPH, M.D., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1974.


Attorney(s) appearing for the Case

Leonard Joseph Keilp, Washington, D.C., for appellants.

Paul M. Hyman, Washington, D. C., with whom Perry S. Patterson, Washington, D. C., was on the brief, for appellee, Randolph.

Frank J. Martell, Washington, D. C., with whom Richard W. Galiher, William H. Clarke and William J. Donnelly, Jr., Washington, D. C., were on the brief, for appellee, Coleman.

Denver Graham, Washington, D. C., with whom Albert E. Brault, Washington, D. C., was on the brief, for appellee, Children's Hospital of the District of Columbia.

Before ROBB and WILKEY, Circuit Judges, and VAN PELT, United States Senior District Judge for the District of Nebraska.


PER CURIAM.

We affirm the judgment below directing a verdict in favor of all defendants on both counts of the plaintiffs' complaint. We rely primarily on the findings and reasoning set out in District Judge Flannery's opinion, reported as Haven v. Randolph, 342 F.Supp. 538 (D.D.C.1972).

However, in his dissent Judge Van Pelt raises a question to which we should respond specifically. He believes that the jury could have...

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