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ALLEN v. CHRISTENBERRY

No. 02-13283.

327 F.3d 1290 (2003)

Kathy ALLEN, individually and as mother and next friend of her baby son who suffered intrauterine death at 35 weeks of gestation, whose name as used in this complaint will be Dakota Allen, Plaintiff-Appellant, v. Kyle P. CHRISTENBERRY, Dr., W. Newton Godfree, Dr., QHG of Gadsden Inc., d.b.a. Gadsden Regional Medical Center, Emcare, Inc., Vernon Johnson, M.D., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied May 28, 2003.

Attorney(s) appearing for the Case

Stewart E. Burns, Douglas Burns, Burns, Burns & Burns, Gadsden, AL, for Plaintiff-Appellant.

Dorothy A. Powell, Mark W. Lee, Robert E. Parsons, Parsons, Lee & Juliano, P.C., Jason A. Shamblin, Birmingham, AL, for Defendants-Appellees.

Kathleen A. Kane, Barbara L. Herwig, App. Staff/Civ. Div./U.S. Dept. of Justice, Washington, DC, for Amicus Curiae, U.S.

Before CARNES, HULL and ALARCON, Circuit Judges.

CARNES, Circuit Judge:

This appeal stems from a medical malpractice lawsuit filed in state court by Kathy Allen against Dr. Kyle Christenberry and Dr. W. Newton Godfree. The defendant doctors removed the case to federal court ten days before the trial in state court was scheduled to begin, on the asserted ground that they were federal employees under the Federally Supported Health Centers Assistance Act of 1995 (FSHCAA), Pub.L. No. 104-73, 109 Stat. 777 (1995) (codified...

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