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BARTUNEK v. BUBAK

Nos. 90-5052SD, 90-5057SD.

941 F.2d 726 (1991)

Mary Kay BARTUNEK, Mary E. Bertus, Paula Gibson, Annette Oorlog, Candyce Scherr, Sylvia Stotz, and Lori Van Duysen, Appellant, v. Gary BUBAK, M.D., as an individual and in his capacity as a staff physician at Wagner Community Memorial Hospital; Wagner Community Memorial Hospital, Donald Juffer, Morris Schuurmans, Richard Hoffman, Karen Weber, Jean Pirner, Merle Denker, Donald Hubbard, Edward Novak, and Robert Frei, in their capacity as the Board of Directors of the Wagner Community Memorial Hospital, Appellees. Mary Kay BARTUNEK, Mary E. Bertus, Paula Gibson, Annette Oorlog, Candyce Scherr, Sylvia Stotz, and Lori Van Duysen, Appellees, v. WAGNER COMMUNITY MEMORIAL HOSPITAL, Donald Juffer, Morris Schuurmans, Richard Hoffman, Karen Weber, Jean Pirner, Merle Denker, Donald Hubbard, Edward Novak, and Robert Frei, in their capacity as the Board of Directors of the Wagner Community Memorial Hospital, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1991.

Attorney(s) appearing for the Case

Jana Miner Lunsford, Gregory, S.D., argued, for appellant; Rick Johnson, Gregory, S.D., on the brief.

James L. Hoy, Sioux Falls, S.D., argued for appellee Wagner Community Memorial Hospital; Gale Fisher, Sioux Falls, S.D., argued for appellee Gary Bubak, M.D.; Carleton Hoy, Sioux Falls, S.D., on the brief.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and LARSON, Senior District Judge.

MAGILL, Circuit Judge.

Mary Kay Bartunek and six other former employees of the Wagner Community Memorial Hospital appeal the district court's orders dismissing Dr. Gary Bubak as a defendant and granting summary judgment for the remaining defendants, the hospital and its board of directors. The hospital and board of directors cross-appeal, contending that this court lacks jurisdiction because the district court erred in granting an extension of time to the plaintiffs...

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