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RISHELL v. PHILLIPS EPISCOPAL MEMORIAL MED. CENTER

No. 95-5034.

94 F.3d 1407 (1996)

Max Lee RISHELL, Curator of the person and estate of Kathleen Lacey, an incapacitated person, Plaintiff-Appellant, and Marriott Corporation, as Plan Fiduciary of the Marriott Corporation Multi-Med Health Plan, Plaintiff-Intervenor, v. JANE PHILLIPS EPISCOPAL MEMORIAL MEDICAL CENTER; Jane Phillips Episcopal Hospital, Inc., formerly Jane G. Phillips Memorial Hospital, Inc., doing business as Oklahoma Medical Collection Services; Charles Wellshear, M.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 26, 1996.

Attorney(s) appearing for the Case

Larry Alan Tawwater (Ben T. Lampkin and Jo L. Slama, with him on the brief) of Lampkin, McCaffrey & Tawwater, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Inona Jane Harness (Haven Tobias, with her on the briefs) of Pierce, Couch, Hendrickson, Baysinger & Green, Oklahoma City, Oklahoma, for Defendant-Appellee Charles Wellshear, M.D.

Stephen J. Rodolf (Barry L. Smith and Leslie C. Weeks, with him on the briefs) of Barkley & Rodolf, Tulsa, Oklahoma, for Defendant-Appellee Jane Phillips Episcopal Hospital.

Before SEYMOUR, Chief Judge, PORFILIO, and TACHA, Circuit Judges.

SEYMOUR, Chief Judge.

This case is before us a second time for review of a pretrial ruling. In the previous appeal, we reversed the district court's determination that diversity jurisdiction was lacking and remanded for further proceedings on the jurisdictional issue. Rishell v. Jane Phillips Episcopal Memorial Medical Ctr., 12 F.3d 171 (10th Cir.1993). On remand the district court overruled defendants' motion to dismiss for...

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