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BALLACHINO v. ANDERS

No. 92-CV-216C.

811 F.Supp. 121 (1993)

Louise E. BALLACHINO, Individually and as Administratrix of the Estate of Andrew A. Ballachino, Plaintiff, v. Mark ANDERS, M.D.; Kenmore-Tonawanda Medical Associates, P.C.; Kenmore Mercy Hospital; M. Vilayat Ali, M.D.; and Buffalo Medical Group, P.C., Defendants.

United States District Court, W.D. New York.

January 27, 1993.

Attorney(s) appearing for the Case

Hamsher & Valentine (Richard P. Valentine, of counsel), Buffalo, NY, for plaintiff.

Maloney, Gallup, Roach, Brown & McCarthy (Donald P. Chiari, of counsel), Buffalo, NY, for defendants Mark Anders, M.D. and Kenmore-Tonawanda Medical Associates, P.C.

Damon & Morey (Julie M. Bargnesi, of counsel), Buffalo, NY, for defendant Kenmore Mercy Hosp.

Rodgers, Menard & Coppola (Vicky L. Valvo Walkowiak, of counsel), Buffalo, NY, for defendants M. Vilayat Ali, M.D., and Buffalo Medical Group, P.C.

CURTIN, District Judge.

Plaintiff Louise E. Ballachino, individually and as administratrix of her deceased husband's estate, has filed a complaint alleging violations of certain provisions of the Emergency Medical Treatment and Active Labor Act ("EMTALA" or "the Act"), 42 U.S.C.A. § 1395dd (West Suppl.1992). Plaintiff's complaint also contains various malpractice allegations. Plaintiff alleges jurisdiction pursuant to section 1395dd(d)(3) of the Act and under...

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