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COBB v. NIZAMI

No. 87-3731.

851 F.2d 730 (1988)

Howard Paul COBB, Plaintiff-Appellee, v. K.A. NIZAMI; S.B. Cruz; F.A. Salanguit; Adoracion S. Baldonado; Ernest Castillo; Vincent Zabak; Manuel Lucero, and all other unknown, unnamed physicians, presently employed at Weston State Hospital in Lewis County, West Virginia, who examined and treated, or prescribed treatment for Howard Paul Cobb at Weston State Hospital during the period of time from January 1, 1974 through the present, Defendants-Appellants, and A.H.S. Ali; Mario Ramirez; M. Zafiruddin; Rodolfo C. Nellas, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 1988.

Rehearing and Rehearing Denied August 10, 1988.

Attorney(s) appearing for the Case

Paul Richard Hull, Sr. Asst. Atty. Gen. (Marion E. Ray, Asst. Atty. Gen., Charleston, W. Va., on brief) for defendants-appellants.

Robert F. Cohen, Jr. (Richard Paul Cohen, Cohen, Abate & Cohen, Fairmont, W. Va., on brief) for plaintiff-appellee.

Before RUSSELL and HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied August 10, 1988.

K.K. HALL, Circuit Judge:

This is a case for money damages arising from Howard Paul Cobb's treatment by defendants, Drs. Nizami, Cruz, Salanguit and Hao (formerly Baldonado), at Weston State Hospital ("Weston").1 In addition to his 42 U.S.C. § 1983 and medical malpractice claims, Cobb alleged that he was denied treatment due to an inappropriate diagnosis.

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