IN RE U.S. HEALTHCARE

No. 97-5812.

159 F.3d 142 (1998)

In re U.S. HEALTHCARE, Petitioner.

United States Court of Appeals, Third Circuit.

Decided October 27, 1998.


Attorney(s) appearing for the Case

Carl D. Buchholz (argued), Angela M. Heim, Rawle & Henderson, North Marlton, NJ, for Petitioner.

Keith G. Von Glahn (argued) Adam J. Adrignolo, Wilson, Elser, Moskowitz Edelman & Dicker LLP, 2 Newark, NJ, for Respondents Samuel Kasoff, M.D., New York Medical College, Westchester County (improperly pled as Westchester County Medical Center), M. Valsamis, M.D., Deborah L. Benzil, M.D. and University Pathology, P.C., erroneously designated as Pathology Faculty Practice, P.C. at W.C.M.C.

William F. Sutton, Post & Schell, Philadelphia, PA, for Respondents Paul F. Engstrom Fox Chase Center Center of American Onicologic Hospital and Arthur S. Palchafsky, M.D.

BEFORE: SLOVITER, GREENBERG, and COWEN, Circuit Judges


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter is before the court on a petition for a writ of mandamus filed by U.S. Healthcare. The plaintiff in the underlying action, Donald Eric Hoyt, filed a complaint in the Superior Court of New Jersey, which he characterized as an action for "medical malpractice," against U.S. Healthcare and various physicians and entities. Prior to any...

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