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PITTMAN v. GILMORE

No. 75-2818.

556 F.2d 1259 (1977)

Minnie E. PITTMAN, Plaintiff-Appellee, v. James O. GILMORE, M.D., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 3, 1977.

Attorney(s) appearing for the Case

W. P. Mitchell, Claude F. Clayton, Jr., Tupelo, Miss., for defendant-appellant.

James S. Cox, Memphis, Tenn., for plaintiff-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

AINSWORTH, Circuit Judge:

In this Mississippi diversity suit involving allegations of medical malpractice, a judgment for $75,000 was obtained by plaintiff, Mrs. Minnie Pittman, against defendant, Dr. James O. Gilmore, a general practitioner in Oxford, Mississippi.

Mrs. Pittman filed her complaint under the Mississippi Wrongful Death Statute, Section 11-7-13, Mississippi Code of 1972 Annotated, alleging that her late husband, Carl Pittman, a patient of the...

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