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MORALES v. GUARINI

No. CIV. A. 97-5755.

57 F.Supp.2d 150 (1999)

Wilfredo Febus MORALES, Plaintiff, v. Vincent J. GUARINI, et al., Defendants. v. Pennsylvania Institutional Health Services, d/b/a/ PrimeCare Medical, and Primecare Medical

United States District Court, E.D. Pennsylvania.

July 22, 1999.

Attorney(s) appearing for the Case

Wilfredo Febus Morales, Lancaster, PA, pro se.

Kevin C. Allen, Seitzinger, Habib, Allen and Randazzo, Lancaster, PA, for Wilfredo Febus Morales.

William J. Cassidy, Jr., Appel & Yost, Lancaster, PA, Phillip B. Silverman, Harris & Silverman, Philadelphia, PA, for Vincent J. Guarini.

Phillip B. Silverman, Harris & Silverman, Philadelphia, PA, for Lancaster County Prison, Corrections Officer Sutton.

David W. Mersky, Appel and Yost, Lancaster, PA, for Nancy Moyer.

Michael O. Pitt, James P. Kilcoyne and Assoc., Plymouth Meeting, PA, for Louis Neureuter, M.D.

Mary P. Patterson, Marc A. Moyer, Duane, Morris and Heckscher, Harrisburg, PA, for Pennsylvania Institutional Health Services, Inc.

MEMORANDUM & ORDER

KATZ, Senior District Judge.

The third-party defendants move for summary judgment, arguing that there is no basis for the respondeat superior liability asserted by third-party plaintiffs. As the court agrees that the third-party plaintiffs have not produced facts from which a reasonable fact finder could conclude that an agency or ostensible agency relationship exists, the third-party defendants' motion will be granted...

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