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GOLDSTEIN v. KELLEHER

No. 83-1411.

728 F.2d 32 (1984)

Edna GOLDSTEIN, Plaintiff, Appellant, v. Robert E. KELLEHER, et al., Defendants, Appellees. United States of America, Intervenor.

United States Court of Appeals, First Circuit.

Decided February 29, 1984.

Rehearing and Rehearing Denied April 3, 1984.

Attorney(s) appearing for the Case

Skip Short, New York City, with whom Short & Billy, New York City, and John Granara, Medford, Mass., were on brief, for plaintiff, appellant.

James H. Anderson, Boston, Mass., with whom Douglas Danner, and Powers & Hall Professional Corporation, Boston, Mass., were on brief, for defendants, appellees.

Michael F. Hertz, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., William F. Weld, U.S. Atty., Boston, Mass., and Peter R. Maier, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., were on brief, for intervenor.

Before CAMPBELL, Chief Judge, ROSENN, Senior Circuit Judge, and BOWNES, Circuit Judge.

Rehearing and Rehearing En Banc Denied April 3, 1984.

LEVIN H. CAMPBELL, Chief Judge.

Edna Goldstein brought a diversity action in the district court against Dr. Robert Kelleher and the Rockdale Medical Corporation ("Rockdale"). She claimed medical malpractice and lack of informed consent stemming from a breast reduction operation performed by Dr. Kelleher in February 1978. At the trial, it was shown that Dr. Kelleher had repeatedly sliced through a previously...

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