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RULE v. LUTHERAN HOSPITALS & HOMES SOC. OF AMERICA

No. 87-1058.

835 F.2d 1250 (1987)

Lucas James RULE, by Father & Next of Friend, Clarence RULE, and Patricia Rule, Appellees, v. LUTHERAN HOSPITALS & HOMES SOCIETY OF AMERICA, Appellants. Hall M. Pumphrey, Louis Bunting.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1987.

Attorney(s) appearing for the Case

Thomas J. Walsh, Omaha, Neb., for appellants.

Frederick C. Gray, Tampa, Fla., for appellees.

Before BOWMAN, Circuit Judge, ROSS, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

ROSS, Senior Circuit Judge.

This appeal arises out of a negligence action against Lutheran Hospitals & Homes Society of America (Lutheran). Clarence and Patricia Rule brought this action on their own behalves and on behalf of their son, Lucas Rule, for birth injuries received by Lucas during a breech delivery at Thayer County Memorial Hospital in Hebron, Nebraska. The Thayer County Hospital is operated by Lutheran. The Rules alleged that Lutheran was negligent...

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