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SAMUELS v. HEALTH AND HOSPITALS CORP., ETC.

No. 226, Docket 78-7195.

591 F.2d 195 (1979)

John SAMUELS et al., Plaintiffs-Appellants, v. The HEALTH AND HOSPITALS CORPORATION OF the CITY OF NEW YORK and Eastern Blood Bank, Inc., Doe 1, Doe 2, Doe 3, Doe 4, Doe 5, Doe 6, Doe 7, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 22, 1979.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, for plaintiffs-appellants.

Michael Edmund Pressman, New York City, Levy, Bivona & Cohen, New York City, for defendant-appellee Eastern Blood Bank, Inc.

Allen G. Schwartz, Corp. Counsel, New York City (L. Kevin Sheridan, New York City, of counsel), for defendant-appellee Health and Hospitals Corporation of the City of New York.

Before MULLIGAN and GURFEIN, Circuit Judges and WEINSTEIN, District Judge (of the United States District Court for the Eastern District of New York, sitting by designation).

WEINSTEIN, District Judge:

Enid Samuels died of hepatitis. Her survivors claim the cause was infected blood received during surgery at a New York City Health and Hospitals Corporation Hospital. In this diversity action, they seek recovery against Eastern Blood Bank, a commercial blood bank which allegedly supplied the defective blood, and against the Hospital. Notwithstanding a jury verdict against both defendants, the trial court granted judgment for defendants or...

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