SCHMITZ v. ST. LUKE'S HOSPITAL, INC.

Civ. No. 4217.

258 F.Supp. 392 (1966)

Harriet SCHMITZ, a widow, for the Use and Benefit of herself and her minor children, Linda Jane Schmitz, Donald Allen Schmitz, Kayleen Annette Schmitz, Robert Wayne Schmitz, Dale Curtis Schmitz, Julie Beth Schmitz, Laura Ann Schmitz, and Daniel Joseph Schmitz, Plaintiffs, v. ST. LUKE'S HOSPITAL, INC., a North Dakota Corporation, Dr. Douglas T. Lindsay, Dr. Matt J. Ehlen, Dr. Thomas M. Hamilton, Dr. Henry A. Norum, individually and as copartners, d/b/a Fargo Clinic, Dr. Maynard B. Gustafson, and the Fargo Clinic, Inc., a North Dakota Corporation, Defendants.

United States District Court D. North Dakota, Southeastern Division.

September 13, 1966.


Attorney(s) appearing for the Case

Ronald I. Meshbesher, of Robins, Meshbesher & Kirschbaum, Minneapolis, Minn., and Fred Saefke, Jr., Bismarck, N. D., for plaintiffs.

Philip B. Vogel, of Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., for defendants.


MEMORANDUM AND ORDER

RONALD N. DAVIES, District Judge.

Now pending before the Court is a motion by all of the Defendants herein to dismiss this cause for lack of diversity of citizenship between the Plaintiffs and one of the Defendants, Dr. Thomas M. Hamilton, and a cross motion of the Plaintiffs to dismiss as to the non-diverse Defendant, Dr. Hamilton, in order that this Court may retain jurisdiction of the action.

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