MEMORANDUM AND ORDER
THEIS, Senior District Judge.
This is one of two actions arising from the death of Kathleen Tank. Plaintiffs in both cases alleged that the defendants committed malpractice in treating the decedent, who died of pneumonia. This case is brought under the Kansas wrongful death statute. K.S.A. § 60-1901 to -1905. The plaintiff in this action, James Tank, is the adult son and heir at law of the decedent.
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