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CAPELLA v. BAUMGARTNER

No. 73-2551.

494 F.2d 36 (1974)

Anthony J. CAPELLA, as Surviving Spouse of Mary E. Capella, Deceased, Plaintiff-Appellant, v. L. R. BAUMGARTNER, M. D., and John F. Pearl, M. D., et al., Defendants-Appellees. Anthony J. CAPELLA, as Administrator of the estate of Mary E. Capella, Deceased, Plaintiff-Appellant, v. L. R. BAUMGARTNER, M. D., and John F. Pearl, M. D., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 25, 1974.

Attorney(s) appearing for the Case

Sherryl Dunaj, Gerald F. Richman, Miami, Fla., for plaintiff-appellant.

Frank G. Cibula, Jr., West Palm Beach, Fla., for Bethesda Mem. Hospital.

Kirsch, Druck & Mills, P. Dianne Weaver, Ft. Lauderdale, Fla., for John F. Pearl, M. D.

Robert M. Montgomery, Edna L. Caruso, O'Connell & Cooper, West Palm Beach, Fla., for L. R. Baumgartner, M. D.

Before JONES, THORNBERRY and COLEMAN, Circuit Judges.

PER CURIAM:

Consolidated both below and here, these were diversity suits for medical malpractice, allegedly resulting in wrongful death. Liability was asserted because of the death of Mrs. Mary Capella, which occurred June 28, 1970. The deceased was an epileptic. She was first hospitalized, as an emergency case, on June 22, 1970. She was discharged on June 27. The evidence for the defendants, disputed by the plaintiff, was that this occurred because Mrs. Capella and...

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