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BATTLE v. MEMORIAL HOSP. AT GULFPORT

No. 99-60343.

228 F.3d 544 (2000)

Daniel L. BATTLE, Jr., a minor, by and through his mother and guardian Zeta BATTLE; Zeta Battle, individually and Daniel Battle, Sr., Plaintiffs-Appellants, v. MEMORIAL HOSPITAL AT GULFPORT; David L. Reeves, M.D.; Dennis W. Aust, M.D., and Emergency Care Specialists of Mississippi, Ltd., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 1, 2000.

Attorney(s) appearing for the Case

Robert W. Smith (argued), Judy Diane Lee, Biloxi, MS, for Plaintiffs-Appellants.

William M. Rainey (argued), Franke, Rainey and Salloum, Gulfport, MS, for Memorial Hosp. at Gulfport.

George F. Bloss, III (argued), Mary Margaret Alexander, Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Gulfport, MS, for David L. Reeves, M.D.

Jimmie B. Reynolds, Jr., Lee Ann Rikard (argued), Steen, Reynolds & Dalehite, Jackson, MS, for Dennis W. Aust, M.D. and Emergency Care Specialists of Mississippi, Ltd.

Before WIENER, BENAVIDES and PARKER, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 1, 2000.

ROBERT M. PARKER, Circuit Judge:

Daniel Battle, Jr. ("Daniel"), a minor, his mother Zeta Battle ("Mrs. Battle"), and his father Daniel Battle, Sr. ("Mr. Battle") brought suit alleging that negligent medical treatment by David L. Reeves, M.D., Dennis W. Aust, M.D. and Emergency Care Specialists of Mississippi, Ltd. resulted in injuries to Daniel Battle, Jr. Plaintiffs further alleged that Memorial Hospital...

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