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WHITEHURST v. CHARLES TOWN HOSPITAL

No. 79-1227.

626 F.2d 357 (1980)

Mary Frances WHITEHURST, etc. et al., Appellants, v. The CHARLES TOWN HOSPITAL and L. Mildred Williams, M. D., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1980.

Attorney(s) appearing for the Case

William F. C. Marlow, Jr. and Thomas J. Peddicord, Jr., Towson, Md. (Marlow & Peddicord, Towson, Md., Thomas W. Murtaugh, Leesburg, Va., on brief), for appellants.

Alfred J. Lemley, Fairmont, W. Va. (Stephen R. Brooks, Furbee, Amos, Webb & Critchfield, Fairmont, W. Va., on brief), and Clarence E. Martin, Jr., Martinsburg, W. Va. (Martin & Seibert, Martinsburg, W. Va., on brief), for appellees.

Before WINTER and PHILLIPS, Circuit Judges, and HOWARD, District Judge.

HOWARD, District Judge:

Mary Frances Whitehurst and John Hoyle Whitehurst brought this diversity action against The Charles Town Hospital and L. Mildred Williams, M. D., for the wrongful death of their infant daughter. The district court granted motions to dismiss for lack of subject matter jurisdiction. The Whitehursts appealed.

We affirm.

I

On December 31, 1975, Mary Frances Whitehurst, a resident and citizen of Virginia, was treated for...

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