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NORTHRUP v. ARCHBISHOP BERGAN MERCY HOSP.

No. 77-1873.

575 F.2d 605 (1978)

Phyllis Ann NORTHRUP, Executrix of the Estate of Mervin Halbert, Deceased, Appellee, v. The ARCHBISHOP BERGAN MERCY HOSPITAL, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 10, 1978.

Attorney(s) appearing for the Case

Ronald H. Stave, Omaha, Neb., for appellant; Lee H. Hamann and William E. Gast, Omaha, Neb., on brief and appendix.

Richard J. Dinsmore, Omaha, Neb., on brief, for appellee.

Before ROSS and HENLEY, Circuit Judges, and LARSON, Senior District Judge.

HENLEY, Circuit Judge.

Phyllis Ann Northrup, daughter of deceased Mervin Halbert and executrix of his estate, brought this diversity action against the Archbishop Bergan Mercy Hospital (the Hospital). She claimed that, through the Hospital's negligence, Halbert, while confused and disoriented, was permitted to leap to his death from his fifth story hospital window. The District Court1 denied the Hospital's motions for directed verdict...

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