SWOPE v. RAZZAQ

No. 05-1273.

428 F.3d 1152 (2005)

Elijah W. SWOPE, Appellant, v. Asim RAZZAQ, M.D., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 17, 2005.


Attorney(s) appearing for the Case

Douglas P. Dowd, argued, St. Louis, MO, for appellant.

Brent W. Baldwin, argued, St. Louis, MO, for appellee.

Before RILEY, HANSEN, and COLLOTON, Circuit Judges.


PER CURIAM.

Elijah W. Swope (Swope) moved for a new trial following his unsuccessful diversity medical malpractice action against his urologist, Dr. Asim Razzaq (Dr. Razzaq), arguing the district court1 (1) clearly erred in denying his challenge under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and (2) abused its discretion in controlling closing arguments. The district...

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