TANK v. CHRONISTER

No. 97-3176.

160 F.3d 597 (1998)

James B. TANK, surviving son and heir-at-law of Kathleen Tank, deceased, Plaintiff-Appellee, v. Bert CHRONISTER, M.D.; Board of Trustees of Wilson County Hospital, dba Wilson County Hospital, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 3, 1998.


Attorney(s) appearing for the Case

Phillip P. Ashley, of Williamson & Cubbison, Kansas City, KS, and Curtis J. Waugh (David E. Bruns with him on the brief), of Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for appellants.

Patrick A. Hamilton (Lynn R. Johnson with him on the brief), Overland Park, KS, for appellee.

Before HENRY, McKAY, and BRISCOE, Circuit Judges.


BRISCOE, Circuit Judge.

Defendants Bert Chronister, M.D., and the Board of Trustees of Wilson County Hospital appeal the district court's decision granting plaintiff James B. Tank's motion to reconsider the court's previous order granting defendants' motion to dismiss. Defendants contend on appeal that dismissal is appropriate because complete diversity of jurisdiction does not exist as required by 28 U.S.C. § 1332(c)(2). We conclude there is diversity jurisdiction...

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