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JOCHUM v. SCHMIDT

No. 76-2520.

570 F.2d 1229 (1978)

Jacqueline JOCHUM, wife of/and Eugene Richard Jochum, Individually and as Administrator of the Estate of his minor child, Heidi Lynn Jochum, Plaintiffs-Appellants, v. Robert J. SCHMIDT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 6, 1978.

Attorney(s) appearing for the Case

Jacqueline Mae Goldberg, John H. Brooks, New Orleans, La., for plaintiffs-appellants.

Thomas L. Stennis, II, Gulfport, Miss., for defendant-appellee.

Before HILL, RUBIN, and VANCE, Circuit Judges.

PER CURIAM:

This malpractice claim arises out of an allegedly unauthorized cesarean hysterectomy performed in April 1972. Nearly six years after the alleged wrong, there has still been no trial, and the case reaches this court on issues that do not even relate to the defendant's conduct in performing the operation, but concern instead the failure of plaintiffs' counsel to proceed to trial as scheduled.

Plaintiffs filed their complaint on July 22, 1974, in...

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