George v. Phoenix Assurance Company, 20778.
Decision Date | 24 March 1964 |
Docket Number | No. 20778.,20778. |
Parties | Robert J. GEORGE, Individually and for the Use and Benefit of his minor children, Robert J. George, Jr., Louis Sanford George, II and Janice Marie George, Appellants, v. PHOENIX ASSURANCE COMPANY, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Arthur Cobb, Baton Rouge, La., for appellants.
G. T. Owen, Jr., Baton Rouge, La., Borron, Owen, Borron & Delahaye, Baton Rouge, La., of counsel, for appellee.
Before CAMERON, WISDOM, and GEWIN, Circuit Judges.
This is a malpractice action against one of the defendant's insureds, a practicing physician in Baton Rouge, Louisiana. The plaintiff alleged that his wife died as a result of the insured's negligence and malpractice. At the close of the plaintiff's case, the district court dismissed the action, under Rule 41(b), for failure to show a right to relief. The district court found:
After a careful study of the record, including a number of depositions, we cannot say that the holding of the district court was clearly erroneous.
The judgment is affirmed.
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