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STUDNICKA v. PINHEIRO

No. 09-1702.

618 F.3d 799 (2010)

George Robert STUDNICKA, Plaintiff/Appellant, v. A. Daniel PINHEIRO; Mayo Clinic Facility; Kerry D. Olsen, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2010.

Attorney(s) appearing for the Case

David Benjamin Ketroser , argued, Hopkins, MN, for appellant.

William R. Stoeri , argued, Heather M. McCann , on the brief, Minneapolis, MN, for appellee.

Before WOLLMAN, SMITH, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

George Studnicka filed suit against Dr. A. Daniel Pinheiro, Dr. Kerry D. Olsen, and the Mayo Clinic, alleging a cause of action for common-law battery. Studnicka claimed that the two physicians performed surgery on him without his informed, written consent, and that this action constituted battery under Minnesota law. Studnicka moved for summary judgment on the battery claim, but the district court1 denied his...

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