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HANKS v. BURT

No. 14616.

99 Ohio App.3d 403 (1994)

HANKS et al., Appellants, v. BURT; St. Elizabeth Medical Center et al., Appellees.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided December 21, 1994.

Attorney(s) appearing for the Case

Marylee Gill Sambol, for appellants.

Frank Woodside III and K.C. Green, for appellee St. Elizabeth Medical Center.

Neil Freund, for appellee Max E. Blue, M.D.

BROGAN, Judge.

Appellants, Theda and Howard Hanks, appeal from a judgment overruling their motion for relief from judgment under Civ.R. 60(B)(4) and (5) by the Montgomery County Court of Common Pleas. The appellants submit two assignments of error.

The facts underlying this matter are familiar and undisputed. Mrs. Hanks was a patient of Dr. James Burt. On June 1, 1984, Dr. Burt, assisted by appellee, Dr. Max E. Blue, performed a hysterectomy and, without her...

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