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BERGSTRESER v. MITCHELL

No. 77-1742.

577 F.2d 22 (1978)

Brian BERGSTRESER, an infant, by Sherry Bergstreser, his mother and natural guardian, Sherry Bergstreser, Individually and Ross Bergstreser, Individually, Appellees, v. T. J. MITCHELL, M.D., G. A. Richardson, M.D., and St. Francis Hospital, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 10, 1978.

Rehearing Denied July 7, 1978.

Attorney(s) appearing for the Case

Doris Banta, St. Louis, Mo., for appellants; George E. Lee, Barnard & Baer, St. Louis, Mo., on the brief.

Stephen H. Ringkamp, St. Louis, Mo., for appellees; James E. Hullverson of Hullverson, Hullverson & Frank, Inc., St. Louis, Mo., and Dennis M. Mahoney, Johnson & Mahoney, Denver, Colo., on the brief.

Before GIBSON, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and ROSS, Circuit Judge.

Rehearing and Rehearing En Banc Denied July 7, 1978.

GIBSON, Chief Judge.

This is an interlocutory appeal pursuant to 28 U.S.C. § 1292(b) from an order involving a controlling question of law as to which there is substantial ground for difference of opinion. Indeed, the question of law presented by this case, which concerns a cause of action based upon an alleged preconception tort to an infant, is an unusual and novel one upon which few courts have had...

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