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POWER v. ARLINGTON HOSP.

Civ. A. No. 92-0005-A.

800 F.Supp. 1384 (1992)

Susan M. POWER v. The ARLINGTON HOSPITAL.

United States District Court, E.D. Virginia, Alexandria Division.

August 28, 1992.

Attorney(s) appearing for the Case

Scott A. Mills, Falk & Causey, Washington, D.C., for plaintiff.

William Daniel Cremins, Walsh & Cremins, P.C., Kenneth Joseph Barton, Jr., Godard, West & Adelman, P.C., John Allen Blazer, Crews & Hancock, Fairfax, Va., Joseph Patrick McMenamin, McGuire, Woods, Battle & Boothe, Richmond, Va., Scott A. Mills, Falk & Causey, Washington, D.C., for defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

This federal "patient dumping"1 action is brought pursuant to the Emergency Medical Treatment & Active Labor Act of 1986, 42 U.S.C. § 1395dd et seq. (1988), as amended ("EMTALA").2 Two questions, both novel in this circuit, are presented by the parties' cross-motions in limine. They are:

(1) Are damages recoverable by a plaintiff in...

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