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BLACK v. SCHMITZ

No. 81-776.

318 N.W.2d 746 (1982)

211 Neb. 378

Fred C. BLACK, Appellant, v. W. H. SCHMITZ, M.D., and Immanuel Medical Center, a corporation, Appellees.

Supreme Court of Nebraska.

April 23, 1982.

Attorney(s) appearing for the Case

Walter J. Matejka, Omaha, for appellant.

Joe P. Cashen and Daniel P. Chesire of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellee Schmitz.

Thomas J. Walsh and Sally Millett Rau of Walsh, Walentine, Miles, Fullenkamp & O'Toole, Omaha, for appellee Immanuel Medical Center.

Submitted without oral argument.

Before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

PER CURIAM.

This is a medical malpractice action. The District Court entered summary judgment in favor of defendants and plaintiff has appealed.

The plaintiff filed this action in 1975 alleging medical malpractice in connection with a surgical resection of the prostate performed by the defendant physician in the defendant hospital in 1973. The petition was dismissed for lack of prosecution in 1978, but reinstated over objections. On January 27, 1981, the case...

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