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OWENS v. CHILDRENS MEMORIAL HOSPITAL, OMAHA, NEB.

Nos. 72-1653, 72-1654.

480 F.2d 465 (1973)

Lonnie Leroy OWENS, Sr., Plaintiff-Appellant, v. CHILDRENS MEMORIAL HOSPITAL, OMAHA, NEBRASKA, a corporation, et al., Defendants-Appellees. Ida Ruth OWENS, Plaintiff-Appellant, v. CHILDRENS MEMORIAL HOSPITAL, OMAHA, NEBRASKA, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 12, 1973.

Attorney(s) appearing for the Case

James R. Welsh, Omaha, Neb., for appellant.

Michael F. Kinney, Omaha, Neb., for appellee, Neis.

David A. Johnson, Omaha, Neb., for appellee, Childrens Hospital.

John T. Grant, Omaha, Neb., for appellee, Lombardo.

Before HEANEY, Circuit Judge, BENSON, Chief District Judge, and WEBSTER, District Judge.

HEANEY, Circuit Judge.

Plaintiffs appeal from the trial court's dismissal of their actions on the grounds of failure to state a claim upon which relief could be granted.1 Rule 12(b)(6), Federal Rules of Civil Procedure.

The facts for purposes of this review are those alleged in the plaintiffs' complaints. On March 2, 1970, the plaintiffs admitted their son to Childrens Memorial Hospital, Omaha, Nebraska. He remained under the care...

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