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ACRIDGE v. EVANGELICAL LUTHERAN

No. 02-10642.

334 F.3d 444 (2003)

Mary Virginia ACRIDGE, Individually and as Independent Executrix of the Estate of Louis E. Acridge, Deceased; Daniel Acridge Broyles, Plaintiffs-Appellees, v. The EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, et al., Defendants, The Evangelical Lutheran Good Samaritan Society; Jerry L. Adams; Elaine Morrow; Sherri Lunsford Harris, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 16, 2003.

Attorney(s) appearing for the Case

Russell Hardin, Jr., Joe Mac Roden (argued), Rusty Hardin & Associates, Houston, TX, for Plaintiffs-Appellees.

Gary Douglas Welch (argued), James Lawrence Wharton, Lindsay Broome Nickle, Jones, Flygare, Brown & Wharton, Lubbock, TX, for Defendants-Appellants.

Before KING, Chief Judge, DAVIS, Circuit Judge, and VANCE, District Judge.

KING, Chief Judge:

Asserting diversity jurisdiction, the plaintiffs filed suit in federal court seeking damages under Texas law for the death of Louis Acridge in a Texas nursing home. The defendants Evangelical Lutheran Good Samaritan Society, Jerry Adams, Elaine Morrow, and Sherri Lunsford Harris appeal the denial of their motion for summary judgment on official immunity grounds. They also raise the issue of whether there is federal subject matter jurisdiction over...

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