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MARINO v. BALLESTAS

No. 83-3546.

749 F.2d 162 (1984)

Joseph MARINO and Claide Marino, individually and as parents and natural guardians of Maria Marino, a minor, Appellants, v. Roberto BALLESTAS, M.D., and Gnaden Huetten Memorial Hospital, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 28, 1984.

Attorney(s) appearing for the Case

Stephen T. Saltz, Robert J. Mongeluzzi, Daniels, Golden & Saltz, P.C., Philadelphia, Pa., for appellants.

Joseph A. Lach, Hourigan, Kluger, Spohrer & Quinn, Wilkes-Barre, Pa., for appellee Ballestas.

Frederick J. Fanelli, Edward H. Heitmiller, Heitmiller & Nickels, P.C., Pottsville, Pa., for appellee Gnaden Huetten Memorial Hosp.

Before WEIS and BECKER, Circuit Judges, and ACKERMAN, District Judge.

Submitted Under Third Circuit Rule 12(6) June 7, 1984.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from a judgment in favor of the defendant in a medical malpractice case arising out of a snowmobile accident in which the plaintiffs' minor daughter fractured her right arm.1 A jury rejected, inter alia, the plaintiffs' contention that they did not give...

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