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DANIELS v. TWIN OAKS NURSING HOME

No. 81-7652.

692 F.2d 1321 (1982)

Bob DANIELS, As Administrator of the Estate of Isaac Gaston Daniels, deceased, Plaintiff-Appellant, Cross-Appellee, v. TWIN OAKS NURSING HOME, a Corporation, and Mediplex Incorporated, a Corporation, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied January 26, 1983.

Attorney(s) appearing for the Case

Powell & Powell, Andalusia, Ala., A.B. Powell, III, Champ Lyons, Jr., Coale, Helmsing, Lyons & Sims, Mobile, Ala., for plaintiff-appellant, cross-appellee.

Davis Carr, Mobile, Ala., for Mediplex, Inc.

Before GODBOLD, Chief Judge, and ANDERSON, Circuit Judge, and HOFFMAN, District Judge.

Rehearing and Rehearing En Banc Denied January 26, 1983.

GODBOLD, Chief Judge:

Plaintiff brought suit under 42 U.S.C. § 1983 and asserted a pendent state law negligence claim as administrator of the estate of his father, Isaac Daniels, for Daniels' wrongful death. Daniels disappeared while under the care of the defendant nursing home and has not been seen since. In a trial conducted before a magistrate with the consent of the parties pursuant to 28 U...

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