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HEMINGWAY v. OCHSNER CLINIC

No. 77-2178.

608 F.2d 1040 (1979)

Glen R. HEMINGWAY, Plaintiff-Appellant, v. OCHSNER CLINIC and/or Ochsner Foundation Hospital et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 30, 1980.

Attorney(s) appearing for the Case

Darryl J. Tschirn, John M. Robin, Covington, La., for plaintiff-appellant.

Henry Alsobrook, Jr., Gregory J. Laborde, New Orleans, La., for defendants-appellees.

Before TUTTLE, GOLDBERG and RANDALL, Circuit Judges.

TUTTLE, Circuit Judge:

The appellant here challenges the correctness of the trial court's order directing a verdict for the appellees, several doctors, the hospital and clinic with which they were associated and their respective insurance carriers. The trial court based its decision on the failure of the plaintiff to produce evidence "as to the standard of care generally practiced by other physicians in this community or in the community in which these defendant physicians...

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