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BROTHERTON v. CLEVELAND

Nos. 94-3465, 96-3034 and 96-3085.

173 F.3d 552 (1999)

Deborah S. BROTHERTON, individually, on behalf of those members of the class herein, and as administratrix of the estate of Stephen S. Brotherton; Melissa Brotherton; Carrie Brotherton, Plaintiffs-Appellants (94-3465; 96-3034), Plaintiffs-Cross-Appellees (96-3085), v. Frank P. CLEVELAND, M.D.; Bethesda, Inc., Defendants-Appellees, Eye Bank Association of America, Inc., Defendant-Cross-Appellant (96-3085).

United States Court of Appeals, Sixth Circuit.

Decided April 14, 1999.

Attorney(s) appearing for the Case

John H. Metz (argued and briefed), Cincinnati, OH, for Plaintiffs-Appellants.

Bruce B. McIntosh (argued and briefed), McIntosh, McIntosh & Knabe, Cincinnati, OH, for Defendant-Appellee Bethesda, Inc. in No. 94-3465.

Gordon M. Strauss (briefed), Christian J. Schaefer (argued), Hamilton County Prosecutor's Office, Civil Division, Cincinnati, OH, for Defendant-Appellee Frank P. Cleveland, M.D., in No. 96-3034.

Stephen A. Bailey (argued and briefed), Martin, Bailey & MacDonald, Cincinnati, OH, for Defendant-Appellant Eye Bank Association of America, Inc. in No. 96-3085.

Before: BOGGS and MOORE, Circuit Judges; and DOWD, District Judge.

BOGGS, Circuit Judge.

Deborah S. Brotherton brought two complaints, alleging that the defendants violated Ohio law and the Federal Constitution by removing her dead husband's corneas over her objections. The cases were consolidated; the district court certified a class of plaintiffs; and parties now appeal from various orders. In No. 96-3085, Defendant Eye Bank Association of America cross-appeals from the district court...

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