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DOMINGO EX REL. DOMINGO v. T.K.

Nos. 00-15064, 00-15137.

289 F.3d 600 (2002)

Efren B. DOMINGO, by and through his wife and conservator Naomi DOMINGO; Naomi Domingo, individually; Alden Scott Domingo, a minor; Nayren Denese Domingo, a minor, Plaintiffs-Appellants, v. T.K., M.D.; Orthopedic Associates of Hawaii, Inc.; The Queen's Medical Center; John Does, 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Limited Partnerships 1-10; Doe Entities 1-10; Unincorporated Does 1-10, Defendants-Appellees, Efren B. Domingo, by and through his wife and conservator Naomi Domingo; Naomi Domingo, individually; Alden Scott Domingo, a minor; Nayren Denese Domingo, a minor, Plaintiffs-Appellees, v. T.K., M.D.; Orthopedic Associates of Hawaii, Inc.; John Does, 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Limited Partnerships 1-10; Doe Entities 1-10; Unincorporated Does 1-10, Defendants, and The Queen's Medical Center, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2002.

Amended April 12, 2002.

Attorney(s) appearing for the Case

John S. Edmunds, Edmunds, Maki, Verga & Thorn, Honolulu, Hawaii, for the plaintiffs-appellants-appellees.

Edmund Burke and Patricia C. Aburano, Burke, Sakai, McPheeters, Bordner, Iwanaga & Estes, Honolulu, Hawaii; James Kawashima, Brian Y. Hiyane, Watanabe, Ing & Kawashima, Honolulu, Hawaii, for the defendants-appellees.

James E. Duffy, Jr., Fujiyama, Duffy & Fujiyama, Honolulu, Hawaii, for the defendant-appellee-appellant.

Before B. FLETCHER, CANBY and PAEZ, Circuit Judges.

ORDER

The opinion of this court filed in this case on January 3, 2002, slip op. at 39 [276 F.3d 1083], is amended as follows:

At slip op. at 50 [276 F.3d at 1089], second full paragraph, the final clause of the first sentence ("indeed, no such theory had ever been published") is modified to state: "indeed, no theory linking extensive malleting to FES had ever been published."

At slip op. at 53 [276 F.3d at 1090]...

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