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AYLSTOCK v. MAYO FOUNDATION

Civ. No. 2037.

341 F.Supp. 560 (1972)

Ralph H. AYLSTOCK, Plaintiff, v. MAYO FOUNDATION, a/k/a Mayo Clinic, a Minnesota corporation, and Rochester Methodist Hospital, a Minnesota corporation, Defendants.

United States District Court, D. Montana, Helena Division.

May 5, 1972.

Attorney(s) appearing for the Case

Loble, Picotte, Loble, Pauly & Sternhagen, Helena, Mont., for plaintiff.

Gough, Booth, Shanahan & Johnson, Helena, Mont., for defendants.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

Stephanie Aylstock, a 14-year-old girl, drowned in a tub shower while she was a patient in the defendant Rochester Methodist Hospital (Hospital) under the care of Mayo Foundation (Mayo). This action charging negligence on the part of Hospital and Mayo was filed in the state courts in Montana and removed to this court. Defendants have moved to dismiss for lack of jurisdiction over the person. The court stayed...

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