STUCKY BY AND THROUGH STUCKY v. BATES

No. CIV. A. 96-1036-JTM.

2 F.Supp.2d 1434 (1998)

Blake Elliot STUCKY, a minor, By and Through Blaine E. STUCKY and Teresa E. Stucky, his father and mother, natural guardians, and next friends; and Blaine E. Stucky, and Teresa E. Stucky, individually, Plaintiffs, v. Michael N. BATES, M.D., and Newton Medical Center, Defendants.

United States District Court, D. Kansas.

April 24, 1998.


Attorney(s) appearing for the Case

Anne H. Pankratz, Andrew W. Hutton, Hutton & Huuton, Wichita, KS, for Plaintiffs.

Eldon L. Boisseau, David W. Steed, Turner & Boisseau, Chartered, Wichita, KS, Peter G. Collins, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Wichita, KS, for Defendant Michael N. Bates.

BK Christopher, Blackwell, Sanders, Matheny, Weary & Lombardi L.L.P., Kansas City, MO, Kristopher A. Kuehn, Blackwell, Saunders, Matheny, Weary & Lombardi L.L.P., Overland Park, KS, for Defendant Newton Medical Center.


MEMORANDUM AND ORDER

MARTEN, District Judge.

This is a medical malpractice action in which the plaintiff invokes the court's diversity jurisdiction. The defendant Michael N. Bates, M.D., moves to dismiss the action for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Defendants are citizens of Kansas, and defendant Bates argues the plaintiffs were residents...

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