HUGHES v. VANDERBILT UNIVERSITY

No. 99-5499.

215 F.3d 543 (2000)

Ernestine Carter HUGHES, Plaintiff-Appellant, v. VANDERBILT UNIVERSITY, William J. Darby, M.D., The Metropolitan Government of Nashville and Davidson County, Tennessee, The Nutrition Foundation, Inc., and The Rockefeller Foundation, Defendants-Appellees, The State of Tennessee, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 7, 2000.

Rehearing and Suggestions for Rehearing Denied July 19, 2000


Attorney(s) appearing for the Case

Phillip L. Davidson (argued and briefed), Nashville, TN, for Plaintiff-Appellant.

John S. Bryant (briefed), Bass, Berry & Sims, Nashville, TN, Francis H. Young (briefed), Metropolitan Department of Law, Nashville, TN, Kimberly M. Frayn, Metropolitan Government of Nashville & Davidson County, Nashville, TN, John L. Chambers (briefed), Stokes & Bartholomew, Nashville, TN, John W. Wagster (briefed), Hollins, Wagster & Yarbrough, Nashville, TN, Philip R. Forlenza, Robert P. LoBue (argued), Patterson, Belknap, Webb & Tyler, New York, NY, for Defendants-Appellees.

Before: SILER and GILMAN, Circuit Judges; O'MALLEY, District Judge.


Rehearing and Suggestions for Rehearing En Banc Denied July 19, 2000

GILMAN, J., delivered the opinion of the court, in which SILER, J., joined. O'MALLEY, D.J. (p. 550), delivered a separate opinion concurring in the result only.

OPINION

GILMAN, Circuit Judge.

Ernestine Carter Hughes contends that the defendants unlawfully subjected her to dangerous medical tests in 1945 when she was a child. The...

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