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HACKNEY v. NEWMAN MEMORIAL HOSPITAL, INC.

No. 78-1981.

621 F.2d 1069 (1980)

Donna Beth HACKNEY, Successor Administratrix of the Estate of Byrdie E. Blasdel, Deceased, Plaintiff-Appellant, v. NEWMAN MEMORIAL HOSPITAL, INC., an Oklahoma Corporation, a/k/a Newman Memorial Hospital; Newman Medical Center, Inc., a professional corporation; Joseph J. Smith, M.D.; and Jack T. Dancer, M.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 16, 1980.

Attorney(s) appearing for the Case

Gomer Smith, Jr., of Smith, Smith & Vaughn, Oklahoma City, Okl. (W. Rogers Abbott, II, and John C. McMurry of Abbott & McMurry, Oklahoma City, Okl., with him on the briefs), for plaintiff-appellant.

John E. Wiggins, Oklahoma City, Okl., for defendants-appellees, Newman Medical Center, Inc., Joseph J. Smith, M.D., and Jack T. Dancer, M.D.

Glen D. Huff, Oklahoma City, Okl. (James D. Foliart, Oklahoma City, Okl., with him on the brief), of Foliart, Mills & Niemeyer, Oklahoma City, Okl., for defendant-appellee, Newman Memorial Hospital, Inc.

Before SETH, Chief Judge, and McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from an order dismissing a wrongful death action brought by Donna Beth Hackney as administratrix of her deceased mother's estate. The basis for the dismissal was the trial court's ruling that plaintiff was improperly or collusively appointed successor administratrix to create diversity jurisdiction, in violation of 28 U.S.C. § 1359. The propriety of this ruling is the only question in this appeal.

Byrdie Blasdel...

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