MAGUIRE v. TAYLOR

No. 90-5581.

940 F.2d 375 (1991)

Cynthia MAGUIRE and Joseph Maguire, Appellants, v. Dr. Clark TAYLOR, DDS, MD; and Quain and Ramstad Clinic, P.C., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1991.


Attorney(s) appearing for the Case

Thomas Schoppert, Minot, N.D., and Robert McRea, Vernal, Utah, for appellants.

Lance Schreiner, Bismarck, N.D., for appellees.

Before LAY, Chief Judge, RONEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


PER CURIAM.

Cynthia Maguire and her husband, Joseph Maguire, brought a malpractice claim against Dr. Clark Taylor arising out of facial surgery on Cynthia Maguire. Federal jurisdiction was based on diversity of citizenship, under 28 U.S.C. § 1332 (1988). The district court granted Dr. Taylor's motion to dismiss the medical malpractice claims raised by Maguire because the record failed to support the claims. The court held that Maguire could not establish negligence...

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