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WILLEY v. KETTERER

No. 88-1163.

869 F.2d 648 (1989)

Angela WILLEY, etc., et al., Plaintiffs, Appellants, v. John KETTERER, M.D., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 14, 1989.

Attorney(s) appearing for the Case

Philip J. Crowe, Jr., with whom Elizabeth N. Mulvey and Lubin & Meyer, P.C., Boston, Mass., were on brief for plaintiffs, appellants.

William L. Chapman with whom Ronald L. Snow and Orr and Reno, Professional Ass'n, Concord, N.H., were on brief for defendants, appellees.

Before BOWNES, ALDRICH and BREYER, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

This is a diversity action in the District Court for New Hampshire for malpractice brought on behalf of plaintiff Angela Willey, ppa, against John Ketterer, M.D., the delivering obstetrician, and the Mary Hitchcock Memorial Hospital, claiming that the minor plaintiff's cerebral palsy — an impairment of the nervous system's control of muscular activity — should have been anticipated and could have been avoided by...

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