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HUGHES v. MAYO CLINIC

No. 87-5057.

834 F.2d 713 (1987)

Marilyn HUGHES and Russell Hughes, Appellants, v. MAYO CLINIC, Dr. R.H. Fitzgerald, Dr. M.B. Hart, Dr. J.K. Bradway, Dr. Hernandez, St. Mary's Hospital, John Doe and ABC Corporation, Appellees. ST. MARY'S HOSPITAL, v. Marilyn & Russell HUGHES.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1987.

Rehearing and Rehearing Denied January 28, 1988.

Attorney(s) appearing for the Case

Gary K. Wood, Minneapolis, Minn., for appellants.

Paul B. Klaas, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing En Banc Denied January 28, 1988.

LAY, Chief Judge.

This is a medical malpractice action in which jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332 (1982). Marilyn Hughes and her husband, Russell, citizens of Illinois, are suing the Mayo Clinic, Inc., et al. ("Mayo Clinic").1 Mrs. Hughes' suit arises from a surgical procedure resulting in a total hip arthroplasty on July 12, 1984. On...

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