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MOSKOL v. SOOD

No. Civ-74-216.

404 F.Supp. 916 (1975)

Michael MOSKOL and Patricia Moskol, Plaintiffs, v. Dr. Rajendra SOOD et al., Defendants.

United States District Court, W. D. New York.

December 10, 1975.

Attorney(s) appearing for the Case

Garvey, Magner & Sullivan, Buffalo, N.Y. (James A. Garvey, Buffalo, N.Y., of counsel), for plaintiffs.

Smith, Murphy & Schoepperle, Buffalo, N.Y. (Frank G. Godson, Buffalo, N. Y., of counsel), for defendant Village of Wellsville, sued herein as Jones Memorial Hospital.

CURTIN, Chief Judge.

This is an action brought by Michael and Patricia Moskol seeking damages for an injury sustained by Michael Moskol during an operation at Jones Memorial Hospital. On October 7, 1974 the court heard oral argument on defendant's motion brought pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss the complaint for failure to state a claim upon which relief can be granted. At the same time, the court considered plaintiffs' motion...

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