77 Wn.2d 799, GRAYCE EDITH LAPEIRE et al., Petitioners, v. LAWRENCE H. TARTE et al., Respondents

[No. 41484. En Banc.      Supreme Court      March 26, 1970.]

GRAYCE EDITH LAPEIRE et al., Petitioners, v. LAWRENCE H.
               TARTE et al., Respondents.*

Review of a decision of the Court of Appeals filed December 22, 1969, 1 Wn. App. 519. Reversed and remanded.

Action for medical malpractice. Plaintiff petitioned the Supreme Court for review following the Court of Appeals' affirmance of a superior court's dismissal of his claim.

Schroeter, Jackson, Goldmark & Bender, Leonard W. Schroeter, and Dean Bender, for petitioners.

Williams, Lanza, Kastner & Gibbs and Joseph J. Lanza, for respondents.

PER CURIAM. -

The Petition for Review is granted. The opinion filed by the Court of Appeals in LaPeire v. Tarte, 1 Wn. App. 519, 462 P.2d 976 (1969), is vacated and the cause remanded to that court for consideration in light of Yellam v. Woerner, 77 Wn.2d 604, 464 P.2d 947 (1970).

* Reported in 466 P.2d 514.