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JACKSON v. EAST BAY HOSP.

No. 98-17152.

246 F.3d 1248 (2001)

Barbara JACKSON, Successor-in-Interest, Surviving Wife and Heir of Robert Jackson, Deceased; Sandra Jackson, a minor, by and through her Guardian Ad Litem, Melinda Dale Plaintiffs-Appellants, v. EAST BAY HOSPITAL; Redbud Community Hospital District; Miguel M. Ollanda; Spencer Steele; Adventist Health, Inc. Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 19, 2001

Attorney(s) appearing for the Case

James M. Braden (argued), San Francisco, California, for the plaintiffs-appellants.

Mitchell C. Tilner (argued), Mary F. Dant, Encino, California, Thomas J. Donnelly, Sonja M. Dahl, Walnut Creek, California, for defendant-appellee Redbud Community Hospital District.

John S. Gilmore (argued), Sacramento, California, for defendant-appellee Adventist Health, Inc.

Before: DAVID R. THOMPSON, DIAMMUID F. O'SCANNLAIN, and A. WALLACE TASHIMA, Circuit Judges.

Argued and Submitted December 13, 2000 — San Francisco, California

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge TASHIMA.

O'SCANNLAIN, Circuit Judge:

We must decide, among other questions, whether a hospital violates the Emergency Medical Treatment and Active Labor Act ("EMTALA") if it fails to diagnose the cause of a patient's emergency condition, but treats the symptoms...

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