ANGELIDES v. BAYLOR COLLEGE OF MEDICINE

No. 96-20618.

117 F.3d 833 (1997)

Dr. Kimon ANGELIDES, Plaintiff-Appellee, v. BAYLOR COLLEGE OF MEDICINE, Dr. William T. Butler, Dr. Robert M. Rich, Dr. Susan M. Berget, Dr. Arthur Brown, Dr. Mark Lewallen, Dr. Barbara Wible, Dr. Gretchen J. Darlington, Dr. Mary K. Estes, Dr. Hiram F. Gilbert, Dr. Peter D. Klein, Dr. James R. Smith, Dr. Addison A. Taylor, and Dr. Sarah P. Vonrosenberg, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 11, 1997.


Attorney(s) appearing for the Case

Jack Edward McGehee, James Vincent Pianelli, McGehee & Pianelli, Houston, TX, Denice Smith, for Plaintiff-Appellee.

A.J. Harper, II, Scott Robert McLaughlin, Fulbright & Jaworski, Houston, TX, for Defendants-Appellants.

Allan Richard Brain, Houston, TX, for Defendant-Appellant, Dr. Arthur Brown.

Joseph Anthony Keyes, Washington, DC, for Association of American Medical Colleges.

John Peter Schnitker, Washington, DC, Barbara L. Herwig, U.S. Department of Justice, Civil Division, Washington, DC, for U.S.

Before WIENER and PARKER, Circuit Judges, and LITTLE, District Judge.


LITTLE, District Judge:

Defendants/Appellants ask this court to overturn or vacate by writ of mandamus the district court's order of remand. They also appeal the district court's determinations in the remand order that the appellants are not entitled to immunity and that the plaintiff is not required to exhaust available administrative remedies before proceeding with this suit. We dismiss the mandamus petition and appeal for lack of appellate jurisdiction.

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