PER CURIAM.
A malpractice complaint, based on negligence alleged to have occurred on December 14, 1967, was filed against the defendants Yale New Haven Hospital and Lycurgus M. Davey, a surgeon, on December 13, 1968. The action against the hospital was withdrawn. An amendment to the complaint filed August 11, 1972, alleged an assault by the defendant Davey and, as made more specific, alleged that he "assaulted the plaintiff by performing a surgical operation on him...
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