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CHARTER v. CHLEBORAD

No. 76-1558.

551 F.2d 246 (1977)

Roger CHARTER, Individually and as Assignee, Plaintiff-Appellant, v. William J. CHLEBORAD, M.D., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 22, 1977.

Rehearing Denied April 6, 1977.

Attorney(s) appearing for the Case

Robert D. Mullin (argued), and Starr & Starr, Omaha, Neb., on appendix and brief, for plaintiff-appellant.

Ronald H. Stave (argued), and David A. Johnson, Omaha, Neb., on brief, for defendant-appellee.

Before LAY and ROSS, Circuit Judges, and WANGELIN, District Judge.

PER CURIAM.

This is a diversity action to recover damages for alleged medical malpractice. In June of 1973, plaintiff was struck by a truck while working as a highway flagman. The accident caused extensive injuries to both of plaintiff's legs. Plaintiff was hospitalized and placed under the care of a general practitioner and defendant, a surgeon. Surgery was performed on both legs. As a result of severe complications plaintiff...

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