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O'DONNELL v. ST. LUKE'S EPISCOPAL PRES. HOSPITALS

No. 85-2010.

800 F.2d 739 (1986)

Thomas O'DONNELL, Guardian of the Person and Estate of Emma O'Donnell, an Incompetent, and Thomas O'Donnell, v. ST. LUKE'S EPISCOPAL PRESBYTERIAN HOSPITALS, a Corporation, Appellee, Dr. Roger Mell, M.D., John Carey, M.D. General American Life Insurance Company, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 2, 1986.

Attorney(s) appearing for the Case

Laura B. Allen, St. Louis, Mo., for appellant.

Richard D. Watters, St. Louis, Mo., for appellee.

Before LAY, Chief Judge, and ROSENN and McMILLIAN, Circuit Judges.

LAY, Chief Judge.

In a settlement agreement arising out of a malpractice claim brought by Thomas O'Donnell on behalf of Emma O'Donnell against two doctors and St. Luke's Episcopal Presbyterian Hospitals ("the Hospital"), the Hospital agreed that should it obtain a judgment on its counterclaim for $111,193.30 in medical expenses incurred by Emma O'Donnell, it would not execute that judgment against any of the O'Donnells' personal assets. The agreement, however, specifically...

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