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CREECH v. ROBERTS

Nos. 88-4180, 89-3096.

908 F.2d 75 (1990)

Ruth H. CREECH, Plaintiff-Appellee, Cross-Appellant, v. Oral ROBERTS, Richard Roberts, City of Faith Hospital, Oral Roberts Evangelistic Association, Brent Bennett, M.D., Michael Laughlin, M.D., Defendants, City of Faith Medical and Research Center, Michael McGee, M.D., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 13, 1990.

Rehearing Denied September 6, 1990.

Rehearing Denied September 7, 1990.

Attorney(s) appearing for the Case

T. David Burgess, Williamsburg, Ohio, Lawrence R. Fisse (argued), Batavia, Ohio, for plaintiff-appellee, cross-appellant.

Joseph M. Best, John H.T. Sheridan, Best, Sharp, Sheridan & Stritzke, Tulsa, Okl., Charles E. Brown, Brian E. Hurley, Crabbe, Brown, Jones, Potts & Schmidt, Cincinnati, Ohio, Joseph A. Sharp (argued), Richard D. Wagner (argued), Wagner, Stuart & Cannon, Tulsa, Okl., for defendants-appellants, cross-appellees.

Before GUY and BOGGS, Circuit Judges, and COHN, District Judge.

Rehearing En Banc Denied September 7, 1990.

COHN, District Judge.

The plaintiff and two of the defendants appeal from the judgment in this medical malpractice action, brought pursuant to Oklahoma law. For the reasons that follow, we affirm in part, vacate in part, and remand for a new trial on the issue of damages.

I.

In the beginning, plaintiff-appellee and cross-appellant Ruth Creech (Creech), an Ohio resident, filed this action in state...

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