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POERTNER v. SWEARINGEN

No. 80-1952.

695 F.2d 435 (1982)

Holly H. POERTNER, Plaintiff-Appellant, v. Robert L. SWEARINGEN, M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 29, 1982.

Attorney(s) appearing for the Case

Kenneth N. Kripke of Kripke & Epstein, Denver, Colo., for plaintiff-appellant.

Brian J. Lampert, Denver, Colo. (Roger F. Johnson, Denver, Colo., with him on the brief), for defendant-appellee.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Holly H. Poertner appeals the trial court's order directing a verdict in favor of the defendant, Robert L. Swearingen, M.D., in her diversity action charging Swearingen with medical malpractice — failing to diagnose properly her motorcycle accident injury. The accident caused a blood clot to form either in her neck or in her skull. Poertner contends the clot formed in her neck. If so, and if Swearingen, to whom she had gone for treatment...

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