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WILEY v. MONTGOMERY

Nos. 87-5654, 87-5687 and 87-5688.

861 F.2d 145 (1988)

Craig M. WILEY, Individually and Administrator of Mary Sue Wiley, Deceased, Plaintiff-Appellant, (87-5654), Cross-Appellee, v. Roy W. MONTGOMERY, Defendant-Appellee, Cross-Appellant, (87-5687). COMMUNITY UNITED METHODIST HOSPITAL, INC., Defendant and Third Party, Plaintiff-Appellee, Cross-Appellant, (87-5688), v. Margaret SWANBERG and Ann Swanberg, Third Party Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 14, 1988.

Rehearings and Rehearings Denied December 22, 1988.

Attorney(s) appearing for the Case

J. Landon Overfield (argued), West, Gibbs, Overfield, Suggs, Henderson, Ky., Stanley C. Suggs, Charles B. West, Jr., for plaintiff-appellant, cross-appellee.

Frank N. King, Jr. (argued), Dorsey, Sullivan, King, Gray, Norment, H. Randall Redding (argued), King, Deep and Branaman, Henderson, Ky., William M. Deep, for appellees.

James D. Harris, Jr. (argued), Bowling Green, Ky., for Margaret Swanberg.

Before KEITH and WELLFORD, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Rehearings and Rehearings En Banc Denied December 22, 1988.

GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.

Plaintiff appeals from summary judgment in this diversity medical malpractice action. The defendants cross-appeal certain interlocutory orders.

This is a grisly record growing out of an automobile accident which occurred February 4, 1984. Plaintiff and his wife were involved in an accident caused by Ann Swanberg, a third-party defendant. The...

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