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PETTY v. SOMERS

Nos. 18969, 18970.

437 F.2d 955 (1971)

Robert F. PETTY, Guardian of the Estate of Ardell Donaldson, a minor v. E. E. SOMERS, W. J. Mitchell and Charleroi-Monessen Hospital, Robert F. Petty, Guardian of the Estate of Ardell Donaldson, a minor, Appellant in No. 18,969, Charleroi-Monessen Hospital, Appellant in No. 18,970.

United States Court of Appeals, Third Circuit.

Decided March 1, 1971.

Rehearing Denied March 15, 1971.

Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for appellant in No. 18969 and appellee in No. 18970.

Norman J. Cowie, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., argued for appellee (Charleroi-Monessen Hospital) in No. 18969 and appellant in No. 18970.

Bruce R. Martin, Pittsburgh, Pa., for appellees, E. E. Somers and W. J. Mitchell in both cases.

Before GANEY and ADAMS, Circuit Judges, and WEIS, District Judge.

OPINION OF THE COURT

PER CURIAM:

Plaintiff, a citizen of New Jersey, brought this action as guardian for Ardell Donaldson, a Pennsylvania citizen, against the defendants, individual doctors and hospital, also citizens of Pennsylvania. The suit is based on a claim for personal injuries received as a result of alleged medical malpractice.

The district court found that diversity had been "manufactured"; that suits had been filed in state courts against...

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