KENNING v. ST. PAUL FIRE AND MARINE INS. CO.

Civil No. 97-3027.

990 F.Supp. 1104 (1997)

Daniel KENNING and Cyndia Kenning, heirs-at-law of Matthew Kenning, deceased, Plaintiffs, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Sharon Huemmer Pritchard, M.D., Defendants.

United States District Court, W.D. Arkansas, Harrison Division.

December 24, 1997.


Attorney(s) appearing for the Case

Cynthia O. MacPherson, MacPherson Law Firm, Mountain Grove, MO, Frank H. Bailey, Bailey Law Firm, Mountain Home, AR, Thomas W. Cline, Gainesville, MO, for Daniel Kenning, Cyndia Kenning.

Walter Cox, Davis, Cox & Wright, Fayetteville, AR, for St. Paul.

Sidney P. Davis, Fayetteville, AR, for Dr. Pritchard.


MEMORANDUM OPINION

H. FRANKLIN WATERS, District Judge.

Currently before this court is separate defendant St. Paul Fire and Marine Insurance Company's motion for partial summary judgment and plaintiffs' response thereto. For the reasons set forth below, this court finds that said motion should be and hereby is granted.

I. FACTS

Plaintiffs contend that their son, Matthew Kenning, died as a result of a violation of 42 U.S.C....

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