DAVIDSON v. SHIRLEY

No. 78-2802.

616 F.2d 224 (1980)

Annelle B. DAVIDSON, Wife, and J. T. Davidson, Jr., Husband, Plaintiffs-Appellants, v. William C. SHIRLEY, M. D., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 2, 1980.


Attorney(s) appearing for the Case

William A. Wehunt, Atlanta, Ga., for plaintiffs-appellants.

Jones, Cork, Miller & Benton, E. Bruce Benton, Macon, Ga., for William C. Shirley, et al.

Before INGRAHAM, RONEY and THOMAS A. CLARK, Circuit Judges.


INGRAHAM, Circuit Judge:

The appeal in this diversity case emerges from a controversy over whether the defendants were authorized to perform an abdominal hysterectomy, the removing of the uterus, on the person of plaintiff Mrs. Davidson. No question of negligence having been raised, the district court treated the matter as one of battery with the defense of consent, and, finding no disputed issue of fact, granted the defendants' motion for summary judgment based on...

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