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PHILLIPS v. HILLCREST MEDICAL CENTER

No. 00-5013.

244 F.3d 790 (2001)

Crystal Star PHILLIPS, individually and as next of kin to Martin Shane Phillips, by and through her mother, legal guardian and next friend, Minnie Christina Daczewitz; The Estate of Martin Shane Phillips; Fred Martin Phillips, Jr., parent of Martin Shane Phillips, Plaintiffs-Appellants, v. HILLCREST MEDICAL CENTER, an Oklahoma corporation doing business in the State of Oklahoma, Defendant-Appellee, and Carolyn Cobb, a physician; Emergency Physicians, Inc., an Oklahoma corporation doing business in the State of Oklahoma, Defendants.

United States Court of Appeals, Tenth Circuit.

March 26, 2001.

Attorney(s) appearing for the Case

Gregory Von Copeland, Tulsa, Oklahoma, for Plaintiffs-Appellants.

John R. Paul (Christy L. Butler with him on the brief), The Paul Law Firm, Tulsa, Oklahoma, for Defendant-Appellee.

Before SEYMOUR, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BELOT, District Judge.

BELOT, District Judge.

Appellants filed this action alleging federal and supplemental Oklahoma state law claims. See 28 U.S.C. §§ 1331, 1367(a). Prior to submitting the case to the jury, the district court granted appellee's Rule 50 motion as to the federal claim. The jury returned a verdict in appellee's favor with respect to the supplemental state law claim. The appeal of the district court's final judgment is now properly before this court.

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