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MUSSER v. GENTIVA HEALTH SERVICES

No. 03-1312.

356 F.3d 751 (2004)

Mischelle MUSSER and Michael Musser, Plaintiffs-Appellants, v. GENTIVA HEALTH SERVICES, f/k/a Olsten Health Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 2004.

Rehearing Denied February 19, 2004.

Attorney(s) appearing for the Case

Daniel A. Roby (argued), Roby & Hood, Fort Wayne, IN, for Plaintiffs-Appellants.

Garrett V. Conover (argued), Kopka, Landau & Pinkus, Crown Point, IN, for Defendant-Appellee.

Before POSNER, KANNE, and ROVNER, Circuit Judges.

KANNE, Circuit Judge.

Plaintiffs Mischelle and Michael Musser, parents of the deceased Maverick Musser, appeal the district court's grant of summary judgment in favor of the defendant, Gentiva Health Services, in this medical malpractice case. Because the expert medical testimony proffered by the Mussers in response to the motion for summary judgment was properly excluded as a sanction under Federal Rule of Civil Procedure 37(c)(1), and because under Indiana law a...

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