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McCURRY EX REL. TURNER v. ADVENTIST HEALTH SYSTEM

No. 00-5837.

298 F.3d 586 (2002)

Sondra McCURRY, as Mother and next Friend of Frank E. TURNER, Deceased; Vicki Turner, Surviving Spouse of Frank E. TURNER, Deceased, Plaintiffs-Appellees, v. ADVENTIST HEALTH SYSTEM/SUNBELT, INC., a/k/a Takoma Adventist Hospital; Takoma Medical Group Associated; William A. Hamilton, M.D.; Richard J. Aasheim, M.D.; Leonard Gardberg, M.D.; Gordon Marsa, M.D., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 7, 2002.

Attorney(s) appearing for the Case

Cathy H. Morton (briefed), Meares-Morton Law Offices, Maryville, TN, J. Anthony Farmer, Farmer & Bergwerk, Knoxville, TN, Janice H. Snider (argued and briefed), Morristown, TN, Paul E. Kaufman, Law Offices of Paul E. Kaufman, Knoxville, TN, for Plaintiffs-Appellees.

Francis L. Lloyd, Jr. (argued and briefed), James H. London, London & Amburn, Knoxville, TN, Jeffrey M. Ward (briefed), Milligan & Coleman, Greenville, TN, for Defendants-Appellants.

Before MOORE and COLE, Circuit Judges; ROSEN, District Judge.

OPINION

ROSEN, District Judge.

I. INTRODUCTION

This case began as a wrongful death action, but has detoured into a procedural thicket. It was commenced on August 31, 1998 by Plaintiff/Appellee Sondra McCurry, who alleged that her son, Frank E. Turner, died as a result of the negligence of the Defendant/Appellant hospital, medical group, and physicians. McCurry alleged in her complaint that the case fell within the federal courts...

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