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NATHAN v. TOURO INFIRMARY

No. CA-5319.

501 So.2d 252 (1986)

Max NATHAN, Jr. in His Capacity as the Executor of the Succession of Herbert Nathan v. TOURO INFIRMARY; the Board of Managers of Touro Infirmary; Gordon P. Nutik, M.D.; Jane Doe and Bob Doe.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 18, 1987.

Writ Granted April 23, 1987.

Attorney(s) appearing for the Case

Camilo K. Salas III, Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, New Orleans, for plaintiff-appellant.

Harold A. Thomas, Thomas, Hayes & Beahm, New Orleans, for defendant-appellees, Touro Infirmary and the Board of Managers of Touro Infirmary.

H. Martin Hunley, Jr., Francis B. Mulhall, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for defendant-appellee, Gordon P. Nutik, M.D.

Before SCHOTT, GARRISON and ARMSTRONG, JJ.

GARRISON, Judge.

This is an appeal from a judgment of the district court granting defendants' exceptions of no right of action and dismissing plaintiff's suit in CDC number 85-17564 entitled "Max Nathan, Jr. in his capacity as executor of the Succession of Herbert Nathan v. Touro Infirmary, et al." From that judgment, plaintiff appeals.

Herbert Nathan was treated by Dr. Gordon Nutik at Touro Infirmary for a broken leg and hip. Herbert Nathan alleged that Dr...

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