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GOLDBERG v. UNITED STATES

No. 9, Docket 27830.

337 F.2d 404 (1964)

Peter GOLDBERG, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 7, 1964.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff-appellant.

Philip A. Berns, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty., Leavenworth Colby, Morton S. Hollander, Louis E. Greco, Attys., Dept. of Justice, on the brief), for defendant-appellee.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

PER CURIAM.

This is a civil non-jury case for damages claimed to have resulted from defendant's negligence. In open court plaintiff withdrew any claim for malpractice, leaving only the claim that plaintiff's injuries were caused by a fall from a defective wheel chair provided by defendant. The record amply supports the trial court's finding that the X-rays clearly establish that the slipping of the Smith-Peterson nail took place before plaintiff's alleged fall and...

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