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MATTKE v. DESCHAMPS

No. 03-2554.

374 F.3d 667 (2004)

Robert E. MATTKE; Sherry Mattke, Plaintiffs — Appellants, v. Claude DESCHAMPS, M.D., individually and in his professional capacity; Clayton Cowl, M.D., individually and in his professional capacity, Defendants, Mayo Clinic, Rochester; The Mayo Foundation, Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2004.

Attorney(s) appearing for the Case

Andrew B. Howie, argued, Des Moines, IA (Ryan E. Weese, on the brief), for appellant.

Paul B. Klass, argued, Minneapolis, MN (Gillian Brennan, on the brief), for appellee.

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Robert and Sherry Mattke appeal two decisions of the district court1 in this diversity case arising out of alleged medical negligence. First, the Mattkes appeal the district court's adverse grant of judgment as a matter of law on their claim based on the doctrine of res ipsa loquitur. Second, they appeal the district court's jury instruction prohibiting the jury from basing a finding of negligence on the...

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