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DOE v. KERWOOD

No. 91-8397.

969 F.2d 165 (1992)

John DOE, Father of John Doe and Mother of John Doe, Plaintiffs-Appellants, v. Robert I. KERWOOD, D.O., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 26, 1992.

Attorney(s) appearing for the Case

Ray Chester, Lynn E. Carter, Austin, Tex., for John Doe, father of John Doe, and mother of John Doe.

James B. Warren, Jack E. Urquhart, Holtzman & Urquhart, Houston, Tex., Jacqueline R. Denning, Arnold & Porter, Washington, D.C., for American Red Cross, et al.

Casey L. Dobson, Scott, Douglass & Luton, Austin, Tex., for Robert Kerwood.

Terry O. Tottenham, Fulbright & Jaworski, Austin, Tex., for Abbott Mfg., Inc., et al.

Susan Kelley-Claybrook, James E. Wren, Haley, Davis, Wren, Bristow & Rasner, for Lee Memorial Hosp.

Before WISDOM, JONES, and SMITH, Circuit Judges.

WISDOM, Circuit Judge:

This Court granted the plaintiffs/appellants permission to take this interlocutory appeal because we wished to explore certain aspects of the right of the American Red Cross to remove cases to federal court. The plaintiffs contend that "the power to sue and be sued" clause, 36 U.S.C. § 2, in the federal charter of the American Red Cross does not confer original jurisdiction in federal court over...

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