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NEWMAN v. SOBALLE

No. 87-6097.

871 F.2d 969 (1989)

Mildred M. NEWMAN, and Melvin D. Newman, Plaintiffs-Appellants, v. Peter SOBALLE, M.D., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 27, 1989.

Attorney(s) appearing for the Case

Ashley Joel Gardner, Walter A. Oleniewski, Shulman, Rogers, Gandal, Pordy & Ecker, Rockville, Md., for plaintiffs-appellants.

Dexter W. Lehtinen, U.S. Atty., Susan Hill Ponzoli, Asst. U.S. Atty., Miami, Fla., Nikki Calvano, Joanne R. Marvin, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before HATCHETT and CLARK, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CLARK, Circuit Judge:

The Newmans originally brought this malpractice suit against Dr. Soballe in the United States District Court for the Southern District of California alleging that Dr. Soballe, while acting within the scope of his duties as a military physician at the United States Naval Hospital in Okinawa, Japan, negligently failed to properly diagnose and treat two subcutaneous cysts in Mildred Newman's groin. As the wife of Lieutenant Commander Melvin Newman...

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