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TART v. McGANN

No. 482, Docket 82-7454.

697 F.2d 75 (1982)

William D. TART and Marion Tart, Plaintiffs-Appellants, v. John P. McGANN and Ronald E. Costin, Individually and as Partners of The Life Extension Institute, and Dr. Robert Mooney, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 29, 1982.

Attorney(s) appearing for the Case

Bruce G. Habian, Martin, Clearwater & Bell, New York City, for defendants-appellees.

Paul Edelman, New York City (Kreindler & Kreindler, Diane Paolicelli, New York City, of counsel), for plaintiffs-appellants.

Before FEINBERG, Chief Judge, and FRIENDLY and OAKES, Circuit Judges.

FEINBERG, Chief Judge:

Plaintiffs William D. Tart and Marion Tart appeal from a judgment for defendants entered in the United States District Court for the Southern District of New York after a jury trial before Judge Edmund L. Palmieri on plaintiffs' medical malpractice claims. On appeal, plaintiffs contend that a supplemental jury instruction by the trial judge misled the jury on a critical issue, and that the judge erroneously...

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