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AGER v. JANE C. STORMONT HOSPITAL & TRAINING, ETC.

No. 79-2228.

622 F.2d 496 (1980)

Emily AGER, an incompetent, by Law Lamar Ager, her father and duly appointed guardian, Plaintiff-Appellant, v. JANE C. STORMONT HOSPITAL AND TRAINING SCHOOL FOR NURSES, a/k/a Stormont-Vail Hospital, and Dan L. Tappen, M. D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 2, 1980.

Attorney(s) appearing for the Case

John E. Shamberg, Kansas City, Kan. (Mark A. Johnson, Kansas City, Kan., with him on the brief), of Schnider, Shamberg & May, Chartered, Kansas City, Kan., for plaintiff-appellant.

John R. Martin, Topeka, Kan. (Eugene B. Ralston, Topeka, Kan., with him on the brief), of Ralston & Frieden, Topeka, Kan., for defendant-appellee Dan L. Tappen, M.D.

Jane C. Stormont Hospital and Training School for Nurses, a/k/a Stormont-Vail Hospital, defendant-appellee, did not file a brief.

Before SETH, Chief Judge, BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

Lynn R. Johnson, counsel for plaintiff Emily Ager, appeals from an order of the District Court adjudging him guilty of civil contempt. Jurisdiction vests by reason of 28 U.S.C.A. § 1826(b).

Emily was born April 4, 1955, at Stormont-Vail Hospital in Topeka, Kansas. During the second stage of labor, Emily's mother suffered a massive rupture of the uterine wall. The ensuing loss of blood...

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