ABERCROMBIE v. OSTEOPATHIC HOSP. FOUNDERS ASS'N

No. 90-5184.

950 F.2d 676 (1991)

Doris ABERCROMBIE, Theresa Bookout, Ed Pruitt, Eddie Pruitt, Jerry Pruitt, Lewis Pruitt, Ricky Pruitt, Ronnie Pruitt, Terry Pruitt, and Wanda Robay, individually, and as surviving children and next of kin of Eileen W. Pruitt, deceased, Plaintiffs-Appellants, v. OSTEOPATHIC HOSPITAL FOUNDERS ASSOCIATION, an Oklahoma corporation, d/b/a Oklahoma Osteopathic Hospital, Roy Guthrie, D.O., and Thomas Schooley, D.O., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 5, 1991.


Attorney(s) appearing for the Case

Matt A. Melone (Jerry M. Melone of Melone-Shepherd-Schroeder-Allred-Thiessen-Melone, with him on the brief), Tulsa, Okl., for plaintiffs-appellants.

Douglas W. Golden OBA # 3433 (Dan A. Rogers OBA # 7717 of Rogers, Honn & Associates, with him on the brief), Tulsa, Okl., for defendant-appellee Roy D. Guthrie, D.O.

Stephen J. Rodolf OBA # 7702 (John D. Clayman OBA # 11790 of Barkley, Rodolf, McCarthy & Rodolf, with him on the brief), Tulsa, Okl., for Thomas Schooley, D.O. and Oklahoma Osteopathic Hosp.

Before EBEL and McWILLIAMS, Circuit Judges, and JENKINS, District Judge.


McWILLIAMS, Circuit Judge.

This case concerns the Emergency Medical Treatment and Active Labor Act, sometimes referred to as COBRA. 42 U.S.C. § 1395dd, et seq.1

Eileen W. Pruitt, age 68, began to experience chest pain in the early morning hours of February 16, 1988, and was taken to the Osteopathic Hospital Founders Association in Tulsa, Oklahoma at three o'clock a.m. on February...

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