District Court, D. Colorado August 24, 1964, Civ. A. 8615 (Sloneker v. St. Joseph's Hospital)

DOYLE, District Judge.

This matter is before the Court on the defendant’s motion to dismiss for failure to state a claim.

The complaint contains two counts: In the first of these plaintiff alleges that she underwent a medical operation at defendant’s hospital in Denver, Colorado; that the defendant or its agents, knew, or should have known, that it would be necessary to administer a blood