Antrim v. Albrecht

THORNTON, District Judge.

The Court has before it a motion for summary judgment of no cause of action filed by the defendant herein. Since the filing of said motion the plaintiff has filed an amended complaint and, subsequently, a motion to file a different amended complaint in place of the one previously filed. The parties have agreed that the summary judgment motion be treated as addressed to the last amended complaint dated April 17, 1954.

The gist of plaintiff’s complaint, original as well as amended, is that the defendant’s decedent performed an illegal operation upon the person of the…