SUMMERS v. BAPTIST MEDICAL CENTER ARKADELPHIA

No. 95-1468.

69 F.3d 902 (1995)

Harold SUMMERS, Appellant, v. BAPTIST MEDICAL CENTER ARKADELPHIA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 9, 1995.

Order Granting Rehearing and Vacating Opinion January 18, 1996.


Attorney(s) appearing for the Case

Troy L. Henry, Jonesboro, AR, argued, for appellant.

Stuart P. Miller, Little Rock, AR, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, and HEANEY and McMILLIAN, Circuit Judges.


Order Granting Rehearing En Banc and Vacating Opinion January 18, 1996.

HEANEY, Circuit Judge.

Harold Summers appeals the district court's grant of summary judgment for Baptist Medical Center (Baptist) on Summers' claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd(a) (Supp.1995).1 Because Summers presented a genuine issue of material fact, we reverse.

I. BACKGROUND

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