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SMITH v. DANYO

Civ. No. 76-1257.

441 F.Supp. 171 (1977)

Janet SMITH and David Smith, Plaintiffs, v. J. Joseph DANYO, M. D., Defendant.

United States District Court, M. D. Pennsylvania.

November 17, 1977.

Attorney(s) appearing for the Case

Alan Schwartz, Philadelphia, Pa., for plaintiffs.

James K. Thomas, Harrisburg, Pa., for defendant.

OPINION

MUIR, District Judge.

The Plaintiffs have filed this complaint pursuant to 28 U.S.C. § 1332 alleging that the Plaintiff Janet Smith was injured as a result of the negligence of J. Joseph Danyo, M.D. The trial in this case commenced before a jury on July 11, 1977. As a result of a reference to insurance made by counsel for the Plaintiffs in his opening statement, the Court granted that day the motion of the Defendant for a mistrial and also set...

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