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SAMUELS v. DOCTORS HOSPITAL, INC.

No. 76-4202.

588 F.2d 485 (1979)

J. D. SAMUELS, Jr., Plaintiff-Appellant, v. DOCTORS HOSPITAL, INC., and Insurance Company of North America, Defendants-Third-Party Plaintiffs-Appellants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Hartford Fire Insurance Company and Dr. Heinz K. Faludi, Defendants-Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 26, 1979.

Attorney(s) appearing for the Case

Leonard Fuhrer, Alexandria, La., William P. Hannon, Jr., Atlanta, Tex., Helm, Jones & Fletcher, Richard P. Hogan, Houston, Tex., for plaintiff-appellant.

Charles L. Mayer, Shreveport, La., for St. Paul Fire.

James B. Gardner, Shreveport, La., for Doctor's Hospital & Insur. Co. of N.A.

Sidney E. Cook, Shreveport, La., for Dr. Faludi & Hartford Ins.

St. Paul Bourgeois, IV, Lafayette, La., amicus curiae for Market Ins. Co.

Before INGRAHAM, GEE and FAY, Circuit Judges.

INGRAHAM, Circuit Judge:

Appellant J. D. Samuels, Jr. brought this diversity action for medical malpractice against Dr. Warren D. Long, Dr. Heinz K. Faludi, and Doctors Hospital, Inc., and their respective insurers, St. Paul Fire & Marine Insurance Company (St. Paul), Hartford Fire Insurance Company (Hartford) and Insurance Company of North America (INA).1 The district court granted the identical motions for summary judgment presented...

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