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FAULKNER v. SWINDLER

No. C 189-65.

264 F.Supp. 958 (1967)

Kay H. FAULKNER, Plaintiff, v. Charles M. SWINDLER, Defendant.

United States District Court D. Utah, N. D.

March 8, 1967.

Attorney(s) appearing for the Case

Wayne L. Black and Richard C. Dibblee, of Rawlings, Wallace, Roberts & Black, Salt Lake City, Utah, for plaintiff.

Neil R. Olmstead and Richard W. Campbell, of Olmstead, Stine & Campbell, Ogden, Utah, for defendant.

MEMORANDUM DECISION CONCERNING MOTION FOR NEW TRIAL

CHRISTENSEN, District Judge.

This is a suit for alleged malpractice. The defendant as a physician and surgeon had performed an operation on plaintiff's knee during which he had maintained a tourniquet on plaintiff's leg to assure a blood-free field for the operation. Thereafter a cast was applied and maintained on the leg of the patient, and it was in connection with the cast that the claim of negligence...

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