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HARTKE v. McKELWAY

Nos. 81-2192, 81-2193.

707 F.2d 1544 (1983)

Sandra J. HARTKE v. Dr. William McKELWAY, Appellant. Sandra J. HARTKE, Appellant, v. Dr. William McKELWAY.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1983.

As Amended May 20, 1983.

Attorney(s) appearing for the Case

Vance Hartke, Falls Church, Va., for appellant in 81-2193 and cross-appellee in 81-2192. Wayne Hartke, Falls Church, Va., also entered an appearance for appellant/cross-appellee.

Patrick J. Attridge, Rockville, Md., for appellee in 81-2193 and cross-appellant in 81-2192.

Before MacKINNON and GINSBURG, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

These cross-appeals arise out of the failure of an operation to sterilize the plaintiff, resulting in the birth of a healthy baby girl. The primary issue for our consideration in this diversity case is whether, under District of Columbia law, the plaintiff would be allowed to recover from the defendant doctor some portion of the expenses of raising the child to majority...

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