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CHEROMIAH v. U.S.

No. CIV 97-1418 MV/RLP.

55 F.Supp.2d 1295 (1999)

Michael CHEROMIAH, Individually, and Diane M. Cheromiah, Individually, and as personal representative of the estate of Michael Cheromiah, Deceased, Plaintiffs, v. UNITED STATES of America and Acoma Canoncito Laguna Hospital, Defendants.

United States District Court, D. New Mexico.

June 29, 1999.

Attorney(s) appearing for the Case

Randi McGinn, William B. Towle, Albuquerque, NM, James S. Bromberg, Albuquerque, NM, for Plaintiff.

Ronald Ross, U.S. Attorney's Office, Albuquerque, NM, Madeline Henley, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

VAZQUEZ, District Judge.

THIS MATTER is before the Court on Defendants' Motion to Dismiss Counts I and II of the First Amended Complaint for Lack of Subject Matter Jurisdiction and to Dismiss ACL Hospital as a Party, filed June 10, 1999 [Doc. No. 105]; Plaintiff's Motion for Partial Summary Judgment that Plaintiff Prevails on her [Emergency Medical Treatment and Active Labor Act] EMTLA Claims Against ACL Hospital...

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