UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-1121
EDWARD W. ROBERTS, SR., Personal Representa-
tive of the Estate of Elsie Roberts, deceased,
Plaintiff - Appellant,
versus
PAUL R. FLEURY, M.D.; PAUL R. FLEURY, M.D.
P.A.,
Defendants - Appellees,
and
CRAIG J. SCHAEFER, M.D.,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA-
96-2068-S)
Argued: October 27, 1998 Decided: November 19, 1998
Before HAMILTON and MOTZ, Circuit Judges, and BOYLE, Chief United
States District Judge for the Eastern District of North Carolina,
sitting by designation.
Affirmed by unpublished per curiam opinion.
ARGUED: Thy Christine Pham, SUDER & SUDER, P.A., Baltimore, Mary-
land, for Appellant. Elijah Dale Adkins, III, ANDERSON, COE &
KING, L.L.P., Baltimore, Maryland, for Appellees. ON BRIEF: Matt
R. Ballenger, SUDER & SUDER, P.A., Baltimore, Maryland, for Appel-
lant. Gregory L. VanGeison, ANDERSON, COE & KING, L.L.P., Balti-
more, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Edward Roberts, Sr. (Roberts) appeals the district court’s
grant of Dr. Paul Fleury’s motion for judgment as a matter of law
on Roberts’ wrongful death claim involving his wife, Elsie Roberts,
and his survival claim brought on behalf of her estate. In both
claims, Roberts alleged that Dr. Fleury, in connection with his
treatment of Mrs. Roberts for her complaints of left breast in-
flammation, committed medical malpractice proximately causing his
wife’s death. Upon review of the briefs and the record, and after
consideration of oral arguments, we conclude that the district
court was correct in granting judgment as a matter of law in favor
of Dr. Fleury. Accordingly, we affirm the judgment of the district
court for the reasons stated in its memorandum opinion. See
Roberts v. Fleury, CA No. 96-CV-2068 (D. Md. December 24, 1997).
AFFIRMED
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