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BERG v. SHAPIRO

No. 95CA1899.

948 P.2d 59 (1997)

Dalrie A. BERG, D.O., Plaintiff-Appellant, v. Jack SHAPIRO; Humana Hospital Mountain View, Inc.; John A. Hoffman; Thomas J. Blanchard, M.D.; and Does 3 through 10, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 29, 1997.

Certiorari Denied December 15, 1997.

Attorney(s) appearing for the Case

Sims & Boster, C. Garold Sims, Denver, for Plaintiff-Appellant.

Doherty, Rumble & Butler, P.C., L. Richard Freese, Jr., Peter J. Lucas, Denver, for Defendants-Appellees Jack Shapiro; Humana Hospital Mountain View, Inc.; John A. Hoffman; and Thomas J. Blanchard, M.D.

METZGER, Judge.

Plaintiff, Dalrie A. Berg, D.O., appeals the judgment dismissing his 42 U.S.C. § 1983 claim and his common-law claims against defendants, Jack Shapiro, Humana Hospital Mountain View, Inc., (the Hospital), John A. Hoffman, and Thomas J. Blanchard, M.D. We affirm the portion of the judgment dismissing the § 1983 claim, reverse the remainder of the judgment, and remand the cause for further proceedings.

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