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PALLAZOLA v. RUCKER

Nos. 85-1888, 85-1893, 85-1935, 85-1936, 85-1937, 85-1938, 85-1973 and 85-1974.

797 F.2d 1116 (1986)

Carol PALLAZOLA, Administratrix of the Estate of Betty Ann Michaud, Plaintiff, Appellee, v. Carolyn RUCKER, R.N., et al., Defendants, Appellees. Appeal of Eugene SMITH, M.D. Carol PALLAZOLA, Administratrix of the Estate of Betty Ann Michaud, Plaintiff, Appellee, v. Carolyn RUCKER, R.N., Defendant, Appellant. Carol PALLAZOLA, Administratrix of the Estate of Betty Ann Michaud, Plaintiff, Appellee, v. Carolyn RUCKER, R.N., et al., Defendants, Appellees. Appeal of June PICKERING. Carol PALLAZOLA, Administratrix of the Estate of Betty Ann Michaud, Plaintiff, Appellee, v. Carolyn RUCKER, R.N., et al., Defendants, Appellees. Appeal of Michael SCHWARTZ, M.D. Carol PALLAZOLA, Administratrix of the Estate of Betty Ann Michaud, Plaintiff, Appellee, v. Carolyn RUCKER, R.N., et al., Defendants, Appellees. Appeal of Guenther HERPFER, M.D. Carol PALLAZOLA, Administratrix of the Estate of Betty Ann Michaud, Plaintiff, Appellee, v. Carolyn RUCKER, R.N., et al., Defendants, Appellees. Appeal of LYNN HOSPITAL. Carol PALLAZOLA, Administratrix of the Estate of Betty Ann Michaud, Plaintiff, Appellee, v. Carolyn RUCKER, R.N., et al., Defendants, Appellees. Appeal of Charles PETERS, M.D. Carol PALLAZOLA, Administratrix of the Estate of Betty Ann Michaud, Plaintiff, Appellant, v. Carolyn RUCKER, R.N., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 1, 1986.

Attorney(s) appearing for the Case

Ann Marie Maguire with whom Andrew C. Meyer, Jr. and Lubin & Meyer, P.C., Boston, Mass., were on brief, for Carol Pallazola.

Joan Eldridge, Cambridge, Mass., and Steven R. Kruczynski, Boston, Mass., with whom Edward D. McCarthy, McCarthy, Foster & Eldridge, Cambridge, Mass., John E. Bowman, Jr., Raymond J. Kenney, Jr. and Martin, Magnuson, McCarthy & Kenney, Boston, Mass., were on briefs, for Eugene Smith, M.D., Guenther Herpfer, M.D., Carolyn Rucker, R.N. and Lynn Hospital.

Craig M. Brown with whom Robert P. Powers, Melick & Porter, Boston, Mass., Marc J. Gervais, Barbara Hayes Buell, Bloom & Buell, Somerville, Mass., John C. Kane, Jr., John C. Bartenstein and Ropes & Gray, Boston, Mass., were on briefs, for Charles Peters, M.D., Michael Schwartz, M.D. and June Pickering.

Before COFFIN and TORRUELLA, Circuit Judges, and MALETZ, Senior Judge.

MALETZ, Senior Judge.

The appeal and cross-appeals before us raise two major questions: (1) Did the district court err when it found that the plaintiff below was chosen as administratrix of a decedent's estate for the purpose of creating diversity jurisdiction? (2) Having made that finding, did the district court err when it referred the action to a state court rather than immediately entering a judgment of dismissal? We hold that the district court was correct in...

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