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ROBERTS v. REHOBOTH PHARMACY, INC.

No. 77-3077. Summary Calendar.

574 F.2d 846 (1978)

Aaron H. E. ROBERTS, Plaintiff-Appellant, v. REHOBOTH PHARMACY, INC. and Dr. James H. Litton, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 8, 1978.

Attorney(s) appearing for the Case

Mike Eidson, Ca/k/a Lewis S. Eidson, Jr.), Miami, Fla., for plaintiff-appellant.

Sidney F. Wheeler, Atlanta, Ga., for Rehoboth Pharmacy, Inc.

John M. Hudgins, IV, T. M. Smith, Jr., Robert G. Tanner, Atlanta, Ga., for Dr. Litton.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

Plaintiff, Aaron H. E. Roberts filed a medical malpractice claim in the United States District Court for the Northern District of Georgia, Atlanta Division, based on diversity jurisdiction. Plaintiff is a Florida citizen and resides in Miami.

The allegations are against a doctor who prescribed certain medication for plaintiff, and against the pharmacy that prepared the prescription for the plaintiff's medicine. The case had progressed sporadically...

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