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VOGEL v. LINDE

Nos. 93-2040, 93-2069 and 93-2088.

23 F.3d 78 (1994)

Susan C. VOGEL, Committee for Kara Jae Vogel, an Incompetent, Plaintiff-Appellant, v. Richard E. LINDE, M.D.; INOVA Health System Hospitals, d/b/a Fairfax Hospital, Defendants-Appellees. American Hospital Association, Amicus Curiae. Susan C. VOGEL, Committee for Kara Jae Vogel, an Incompetent, Plaintiff-Appellee, v. Richard E. LINDE, M.D., Defendant-Appellant, and INOVA Health System Hospitals, d/b/a Fairfax Hospital, Defendant. American Hospital Association, Amicus Curiae. Susan C. VOGEL, Committee for Kara Jae Vogel, an Incompetent, Plaintiff-Appellee, v. INOVA HEALTH SYSTEM HOSPITALS, d/b/a Fairfax Hospital, Defendant-Appellant, and Richard E. Linde, M.D., Defendant. American Hospital Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 28, 1994.

Attorney(s) appearing for the Case

ARGUED: Steven Mark Garver, Reston, VA, for appellant.

William Daniel Cremins, Walsh & Cremins, P.C., Fairfax, VA, for appellee INOVA; Judith Bowles Henry, Crews & Hancock, Richmond, VA, for appellee Linde. ON BRIEF: Gerald R. Walsh, Randolph H. Perry, Walsh & Cremins, P.C., Fairfax, VA, for appellee INOVA; Thomas G. Smith, Richard L. Nagle, Crews & Hancock, Richmond, VA, for appellee Linde. Gregory M. Luce, James E. Anklam, Heather Lowry, Jones, Day, Reavis & Pogue, Washington, DC; Fredric J. Entin, James A. Henderson, Maureen D. Mudron, American Hospital Association, Chicago, IL, for amicus curiae.

Before HALL, MURNAGHAN, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge K.K. HALL wrote the opinion, in which Judge MURNAGHAN and Judge LUTTIG joined.

OPINION

K.K. HALL, Circuit Judge:

Susan Vogel appeals an order of the district court granting summary judgment to the defendant hospital in Vogel's action for violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd, and dismissing without prejudice her medical malpractice claim against the...

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