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POMUSH v. McGROARTY

No. 48559.

285 N.W.2d 91 (1979)

James POMUSH, et al., Appellants, v. Brian J. McGROARTY, et al., Respondents.

Supreme Court of Minnesota.

October 12, 1979.

Attorney(s) appearing for the Case

Rischmiller, Wasche & Knippel and Robert Wm. Rischmiller, Minneapolis, for appellants.

Geraghty, O'Loughlin & Kenney and James W. Kenney, St. Paul, for respondents.

Heard before PETERSON, SCOTT, and KENNEDY, JJ., and considered and decided by the court en banc.

PER CURIAM.

Plaintiffs James and Gudrun Pomush, husband and wife, sued defendants Dr. Brian J. McGroarty, Dr. Everette J. Duthoy,1 and Midway Hospital for battery and negligence in the performance of a vasectomy, allegedly without consent. A district court jury returned a verdict for defendants. Plaintiffs appeal from the order denying their post-trial motions. We affirm.

In April 1971, James Pomush consulted with McGroarty, a...

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