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WHALLEY v. SAKURA

No. 83-1292.

804 F.2d 580 (1986)

Claudia LaJean WHALLEY, Plaintiff-Appellant, v. Chester Y. SAKURA, Jr., M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 29, 1986.

Attorney(s) appearing for the Case

Kathleen Price Watson of Branch, Eaton & Keenan, P.A., Albuquerque, N.M. (Turner W. Branch was also on the brief), for plaintiff-appellant.

Alice Tomlinson-Lorenz of Miller, Stratvert, Torgerson & Brandt, P.A., Albuquerque, N.M. (Marilyn Mason-Plunkett was also on the brief), for defendant-appellee.

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

HOLLOWAY, Chief Judge.

In this diversity action, plaintiff-appellant Whalley allegedly suffered psychological injury and mental anguish as a result of defendant Dr. Sakura's negligent care following breast reconstruction surgery in 1981.1 The trial court directed a verdict in favor of the defendant on this claim, relying on the absence of any negligently-inflicted physical injuries. In light of intervening decisions of the Supreme Court...

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