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KOTHE v. SMITH

No. 1230, Docket 85-7024.

771 F.2d 667 (1985)

Patricia J. KOTHE, Plaintiff-Appellee, v. Dr. James W. SMITH, Dr. Andrew D. Kerr, Jr., M.D., P.C., and Andrew D. Kerr, Defendants, Dr. James W. Smith, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 4, 1985.

Attorney(s) appearing for the Case

Alan W. Clark, Levittown, N.Y. (Blume, Easton & Clark, Levittown, N.Y., of counsel), for plaintiff-appellee.

Michael F. Close, New York City (Roger P. McTiernan and Barry, McTiernan & Moore, New York City, of counsel), for defendants/defendant-appellant.

Before LUMBARD, VAN GRAAFEILAND and PIERCE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Dr. James Smith appeals from a judgment of the United States District Court for the Southern District of New York (Sweet, J.), which directed him to pay $1,000 to plaintiff-appellee's attorney, $1,000 to plaintiff-appellee's medical witness, and $480 to the Clerk of the Court. For the reasons hereinafter discussed, we direct that the judgment be vacated.

Patricia Kothe brought this suit for medical malpractice against four defendants...

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