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SCHWARTZ v. AMERICAN COLLEGE OF EMERGENCY PHYS.

No. 98-2228.

215 F.3d 1140 (2000)

George R. SCHWARTZ, M.D., Plaintiff-Appellant, v. AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, American Medical Association, Brian McCormick and Does 1 Through 50, Inclusive, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 15, 2000.

Attorney(s) appearing for the Case

Britton D. Monts, Law Offices of Britton D. Monts, P.C., Dallas, Texas for the Appellant.

Martin R. Esquivel, Dines, Gross & Esquivel, P.C., Albuquerque, New Mexico, for Appellees American Medical Association and Brian McCormick.

D. Bradley Kizzia, Strasburger & Price, L.L.P., Dallas, Texas, (Emily Franke, Butt, Thornton & Baehr, Albuquerque, New Mexico with him on the briefs) for Appellee American College of Emergency Physicians.

Before ANDERSON, McKAY, and HENRY, Circuit Judges.

PER CURIAM.

This diversity action arises out of an article authored by Brian McCormick, an American Medical Association ("AMA") employee, in which Mr. McCormick published statements concerning George R. Schwartz, M.D., made by American College of Emergency Physician's ("ACEP") President, John B. McCabe, M.D. Contending that the statements made by Dr. McCabe were materially false, Dr. Schwartz asserted a state law claim against ACEP, AMA and Mr. McCormick for defamation...

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