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TAYLOR v. ST. VINCENT'S HOSPITAL

No. 74-1142.

523 F.2d 75 (1975)

James Michael TAYLOR and Gloria Jeane Taylor, husband and wife, on behalf of themselves, Individually, and on behalf of others who may be members of a class of persons similarly situated, Plaintiffs-Appellants, v. ST. VINCENT'S HOSPITAL, a Montana Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied March 1, 1976.

Attorney(s) appearing for the Case

Robert L. Stephens, Jr. (argued), Billings, Mont., for plaintiffs-appellants.

Stephen H. Foster (argued), Billings, Mont., for defendant-appellee.

Before KOELSCH and CARTER, Circuit Judges, and SCHNACKE, District Judge.

Certiorari Denied March 1, 1976. See 96 S.Ct. 1420.

OPINION

JAMES M. CARTER, Circuit Judge.

The Taylors appeal from the judgment of the district court, sitting without a jury, based upon the stipulated facts which appear in the court's final pre-trial order. We affirm.

In its Opinion, 369 F.Supp. 948 (D.Montana 1973), the court aptly summarized the pertinent facts as follows:

"St. Vincent's Hospital...

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