Legal Opinion
Kenneth v. Dill v. Clayton L. Scuka, M.D
Court of Appeals for the Third Circuit
Decided May 27, 1960No. 13053_1PublishedCited by 14 opinions
1Opinion of the Court
STALEY, Circuit Judge.
Two interrelated questions are raised by the plaintiff-appellant in this malpractice suit: (1) whether there was any vital inconsistency in the expert medical testimony he proffered in support of an essential element of his claim, and (2) assuming there was such inconsistency, was the district court justified in granting defendant’s motion for involuntary dismissal under Federal Rule of Civil Procedure 41(b), 28 U.S.C.
This is a diversity case in which all the action, except the trial, took place in Wichita, Kansas. At the time of the incidents involved, the defendant,…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Dan Lind v. Schenley Industries IncCourt of Appeals for the Third Circuit · 1960
- Dick v. New York Life InsuranceSupreme Court of the United States · 1959
- Herron v. Southern Pacific Co.Supreme Court of the United States · 1931
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Virginia J. Barry Melville v. American Home Assurance CompanyCourt of Appeals for the Third Circuit · 1978
- Otto E. Pritchard v. Liggett & Myers Tobacco CompanyCourt of Appeals for the Third Circuit · 1961
- Josephine Ann Sleek, in No. 14,166 v. J. C. Penney Company, Inc., a Delaware Corporation, in No. 14,167Court of Appeals for the Third Circuit · 1963
- Christopher v. United StatesDistrict Court, E.D. Pennsylvania · 1965
- Goewey v. United StatesDistrict Court, D. South Carolina · 1995
9 more not listed; retrieve them via the Exa API.