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GOLDMAN v. BOSCO

No. 96-60484.

120 F.3d 53 (1997)

John M. GOLDMAN, Jr., a Minor, by & through his Mother and Next Friend, Deborah Goldman; Deborah Goldman, Individually; John M. Goldman, Sr., Plaintiffs-Appellants, v. Julius BOSCO, M.D., George Henneberger, M.D.; Women's Clinic, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 27, 1997.

Attorney(s) appearing for the Case

Robert W. Smith, Biloxi, MS, Beau Ann Williams, Oklahoma City, OK, for Plaintiffs-Appellants.

Joseph Ross Colingo, Stephen Walker Burrow, James Hinkle Heidelberg, Colingo, Williams, Heidelberg, Steinberger & McElhaney, Pascagoula, MS, Karen Korff Sawyer, George F. Bloss, III, Bryant, Clark, Dukes, Blakeslee, Raysay & Hammond, Gulfport, MS, for Defendants-Appellees.

Before WISDOM, BENAVIDES and STEWART, Circuit Judges.

WISDOM, Circuit Judge:

This appeal involves a medical malpractice action brought under Mississippi law. Because we find that the district court erroneously instructed the jury regarding the standard of care applicable to the defendant physician's conduct, we reverse and remand.

BACKGROUND

On November 7, 1989, the plaintiffs, John M. Goldman, Jr., a minor, by and through his mother and next friend, Deborah Goldman, Deborah Goldman individually...

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