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HOLCOMB v. MONAHAN

No. 93-6762.

30 F.3d 116 (1994)

Rosie Nell HOLCOMB, as Administratrix of the Estate of Barbara Jean Smith, deceased, Plaintiff-Appellant, v. Paul P. MONAHAN, M.D., Defendant, Humana Medical Corporation, Inc., d/b/a Humana Hospital-Montgomery, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 31, 1994.

Attorney(s) appearing for the Case

Tom Dutton, Pittman, Hooks, Marsh, Dutton & Hollis, Birmingham, AL, for appellant.

Les Hayes, III, Melton, Espy, Williams & Hayes, Montgomery, AL, for appellee.

Before EDMONDSON and CARNES, Circuit Judges, and HENDERSON, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

This case involves the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd, et seq. Plaintiff, administratrix of the estate of Barbara Jean Smith, alleges that Humana's treatment of Smith violated sections 1395dd(a) and (b) of the Act. The district court granted Defendant-Humana's motion for summary judgment on both claims under Fed.R.Civ.Pro. 56(c).

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