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BIRDSONG v. WESTGLEN ENDOSCOPY CENTER, L.L.C.

No. 01-4044-DES.

176 F.Supp.2d 1245 (2001)

Eileen BIRDSONG, Plaintiff, v. WESTGLEN ENDOSCOPY CENTER, L.L.C., Defendant.

United States District Court, D. Kansas.

December 20, 2001.

Attorney(s) appearing for the Case

Kevin L. Diehl, Eugene B. Ralston, Ralston & Pope, L.L.P., Topeka, KS, for plaintiff.

Norman I. Reichel, Diane L. Waters, Rebecca S. McGinley, Steven J. Book, Merry M. Campbell-Tucker, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant's Motion to Dismiss (Doc. 26). Plaintiff has filed a Response (Doc. 35), and defendant has filed a Reply (Doc. 37). In this medical malpractice case, defendant seeks dismissal claiming the court lacks subject matter jurisdiction. For the following reasons, defendant's motion shall be granted.

I...

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