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WEBB v. BANQUER

Civil Action No. 2:97CV196PG.

19 F.Supp.2d 649 (1998)

Darren WEBB, Individually and on behalf of Britton Gary Webb, a minor, and Justin Wayne Johnston, a minor, Heirs at Law of Julie Ann Webb, Deceased, Plaintiffs, v. Kirk BANQUER, M.D., Surgery Clinic of Hattiesburg, P.A., a Mississippi corporation, Methodist Hospital of Hattiesburg, Inc., a Mississippi corporation, S. Leach, R.N., K. West, R.N., and John Doe(s) 1 Through 10, Defendants.

United States District Court, S.D. Mississippi, Hattiesburg Division.

September 2, 1998.

Attorney(s) appearing for the Case

Vicki R. Leggett, Patrick H. Zachary, Zachary & Leggett, Hattiesburg, MS, for Plaintiffs.

J. Robert Ramsay, S. Robert Hammond, Jr., Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Hattiesburg, MS, for Defendants.

ORDER

PICKERING, District Judge.

This matter is before the Court on Defendants' Motion to Dismiss, on in the alternative, for Summary Judgment for Lack of Subject Matter Jurisdiction. The Court, having reviewed the motion, the briefs, the authorities cited, and being otherwise fully advised in the premises, finds as follows, to-wit:

FACTUAL BACKGROUND

Darren Webb and his wife, Julie Webb, were domicilaries of the State of...

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