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BRADY v. HOPPER

No. 83-2401.

751 F.2d 329 (1984)

James Scott BRADY, Timothy John McCarthy, and Thomas K. Delahanty, Plaintiffs-Appellants, v. John J. HOPPER, Jr., M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 1, 1985.

Attorney(s) appearing for the Case

Paul D. Kamenar of the Washington Legal Foundation, Washington, D.C. (Daniel J. Popeo of the Washington Legal Foundation, Washington, D.C., Jacob A. Stein, Stein, Mitchell & Mezines, Robert Cadeaux, Washington, D.C., and Charles F. Brega and Robert E. Kendig, Roath & Brega, P.C., Denver, Colo., with him on the briefs), for plaintiffs-appellants.

Michael T. McConnell, Denver, Colo. (Joseph C. Jaudon and Robert M. Baldwin, Denver, Colo., with him on the brief), Long & Jaudon, Denver, Colo., for defendant-appellee.

Before HOLLOWAY, Chief Judge, and BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

The sole question presented on this appeal is whether the federal district court was clearly erroneous in granting the defendant-appellee's, John J. Hopper, Jr., M.D. (Dr. Hopper), motion to dismiss the complaint and cause of action filed by plaintiffs-appellants, James Scott Brady, Timothy John McCarthy and Thomas K. Delahanty (hereinafter for convenience referred to as appellants) for failure to state a claim which would entitle them to relief...

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