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RUSH v. MILLER

No. 79-1593.

648 F.2d 1075 (1981)

Delbert I. RUSH and wife Lucille Rush, Plaintiffs-Appellants, v. Thomas I. MILLER and The Neurosurgical Group, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 22, 1981.

Attorney(s) appearing for the Case

James F. Schaeffer, Memphis, Tenn., for plaintiffs-appellants.

John J. Thompson, Thompson, Crawford & Hendrix, Jerry E. Mitchell, Memphis, Tenn., for defendants-appellees.

Before EDWARDS, Chief Judge, and LIVELY and JONES, Circuit Judges.

PER CURIAM.

In this medical malpractice case filed by Delbert Rush and his wife under the diversity jurisdiction of this court based upon an allegation of lack of informed consent as to the risks of the operation performed by defendant Dr. Thomas Miller and The Neurosurgical Group; and noting that the factual issue joined before the jury was whether or not Dr. Miller had, as he asserted and as plaintiffs denied, told them that the operation

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