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JONES v. GRIFFITH

Civ. No. F 88-10.

688 F.Supp. 446 (1988)

Carol JONES, as Personal Representative of the Estate of Jon W. Jones, Deceased, Plaintiff, v. Harold W. GRIFFITH, M.D., Defendant.

United States District Court, N.D. Indiana, Fort Wayne Division.

June 14, 1988.

Attorney(s) appearing for the Case

Daniel A. Roby, G. Stanley Hood and Kathryn G. Roudebush, Roby & Hood, Fort Wayne, Ind., for plaintiff.

John W. Clifton, Barrett & McNagny, Fort Wayne, Ind., for defendant.

Alfred K.B. Tsang, Deputy Atty. Gen., Indianapolis, Ind., for Indiana Ins. Comr.

John W. Whiteleather, Jr., Columbia City, Ind., for Panel Chairman.

ORDER

WILLIAM C. LEE, District Judge.

The plaintiff, Carol Jones, has filed a motion for a preliminary determination under I.C. 16-9.5-10-1 which presents a number of important issues under Indiana law. Defendant Griffith has filed a motion to dismiss this action under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. Both motions are fully briefed and the court heard oral argument

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