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GRACIA v. LEE

No. 91-1375.

976 F.2d 1344 (1992)

Rick Edward GRACIA, individually and as personal representative of the estate of Brenda Gracia, deceased, and as guardian and next friend of Shelby Don Gracia, and Dusty Wayne Gracia, Plaintiffs-Appellants, v. Michael LEE; Malik Hasan, M.D.; Hiram Leonard, M.D.; Donald Benton, M.D.; Samant Rawat, M.D., Defendants, and David Chepovsky, M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 6, 1992.

Attorney(s) appearing for the Case

William E. Myrick and Gregory B. Washington of William E. Myrick & Associates, Denver, Colo., for plaintiffs-appellants.

Michael T. McConnell and Walter N. Houghtaling of Long & Jaudon, P.C., Denver, Colo., for defendant-appellee.

Before McKAY, Chief Judge, and BARRETT, Senior Circuit Judge, and BRIMMER, District Judge.

BARRETT, Senior Circuit Judge.

Plaintiffs appeal1 from an adverse judgment entered by the district court following a jury verdict for defendant-appellee Chepovsky in this diversity medical malpractice action. Two separate decisions are challenged: (1) pretrial dismissal of the wrongful death claim asserted by plaintiff Rick Edward Gracia on his own behalf, which the district court deemed displaced by the like claims pursued on behalf of...

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