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OWENS v. CHILDRENS MEMORIAL HOSPITAL, OMAHA, NEBRASKA

Civ. Nos. 72-0-201, 72-0-202.

347 F.Supp. 663 (1972)

Lonnie LeRoy OWENS, Sr., Plaintiff, v. CHILDRENS MEMORIAL HOSPITAL, OMAHA, NEBRASKA, a corporation, et al., Defendants. Ida Ruth OWENS, Plaintiff, v. CHILDRENS MEMORIAL HOSPITAL, OMAHA, NEBRASKA, a corporation, et al., Defendants.

United States District Court, D. Nebraska.

September 5, 1972.

Attorney(s) appearing for the Case

James R. Welsh, Omaha, Neb., and Martin E. Spellman, Perry, Iowa, for plaintiffs.

David A. Johnson, John Grant, and Charles F. Gotch, Omaha, Neb., for defendants.

MEMORANDUM AND ORDER

DIER, District Judge.

This matter comes before the Court upon defendants' motions to dismiss the above-entitled actions on the grounds of failure to state a claim upon which relief can be granted. Rule 12(b)(6), Federal Rules of Civil Procedure. The basis of defendants' motions is that the cause of action herein invoked does not exist in Nebraska, either at common law or pursuant to statute.

The allegations are that on March...

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