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HUNNICUTT v. WRIGHT

No. 92-7102.

986 F.2d 119 (1993)

Walter HUNNICUTT, Plaintiff-Appellee, v. Bennie B. WRIGHT, Jr., et al., Defendants, Bennie B. Wright, Jr., M.D., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 21, 1993.

Attorney(s) appearing for the Case

L. Carl Hagwood, Campbell, Delong, Hagwood & Wade, Greenville, MS, for defendant-appellant.

Charles M. Merkel, Jack R. Dobson, Jr., Merkel & Cocke, P.A., Clarksdale, MS, for plaintiff-appellee.

Before DUHÉ and DeMOSS, Circuit Judges, and TRIMBLE, District Judge.

TRIMBLE, District Judge.

BACKGROUND

PROCEDURAL HISTORY

Plaintiff, invoking the diversity jurisdiction of the court, filed a negligence action in the United States District Court for the Northern District of Mississippi in which he alleged that the defendants were negligent in leaving a screw and flat washer in his body while he underwent a thoracotomy performed by Bennie B. Wright, Jr., M.D. ("Wright" or "Defendant") at the Bolivar County Hospital...

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