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SOSNA v. BINNINGTON

No. 02-2238.

321 F.3d 742 (2003)

Linda SOSNA, Individually, as Plaintiff Ad Litem and as Personal Representative of the Estate of Richard S. Sosna, Appellant, v. H. Bradley BINNINGTON, M.D., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 10, 2003.

Attorney(s) appearing for the Case

Joan M. Lockwood, argued, St. Louis, MO (Stephen R. Woodley, on the brief), for appellant.

Robyn G. Fox, argued, St. Louis, MO (William L. Davis and Catherine V. Jochens, on the brief), for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and BYE, Circuit Judges.

BOWMAN, Circuit Judge.

In 1994, the husband of the appellant, Linda Sosna, died following surgery to relieve a small-bowel obstruction. Sosna subsequently brought this medical-malpractice action against the surgeon, Dr. H. Bradley Binnington, in federal court based on diversity jurisdiction. A jury returned a verdict in favor of Binnington, and Sosna filed this appeal urging that she be granted a new trial because the District Court1 committed...

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