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SOREY v. KELLETT

No. 87-4856.

849 F.2d 960 (1988)

Elnora SOREY, Individually and as Personal Representative of the Wrongful Death Beneficiaries of Eric Sorey, Deceased, and as Personal Representative of the Estate of Eric Sorey, Deceased, Plaintiffs-Appellees, v. A. Boyd KELLETT, M.D., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 18, 1988.

Attorney(s) appearing for the Case

Dorrance Aultman, Hattiesburg, Miss., for Kellett.

Robert L. Gibbs, Asst. Atty. Gen., Jackson, Miss., for Harrington & Carmody.

John M. Deakle, Hattiesburg, Miss., for plaintiffs-appellees.

Before THORNBERRY, WILLIAMS, and SMITH, Circuit Judges.

THORNBERRY, Circuit Judge:

This is an appeal from the district court's pretrial order denying a claim of qualified immunity to causes of action based on Mississippi law. We hold that this court has jurisdiction of the appeal, and we reverse.

I.

Eric Sorey played football under an athletic scholarship at the University of Southern Mississippi (USM). One day in early August 1986, Sorey collapsed on the football practice field. He was taken to the training...

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