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WOODRUFF v. COVINGTON

Nos. 02-7040, 02-7051.

389 F.3d 1117 (2004)

John Alton WOODRUFF, Plaintiff-Appellee, and United States of America, Defendant-Appellee, v. C. Thomas COVINGTON, M.D.; Jihad Ahmad, M.D.; Central Oklahoma American Indian Health Council, Inc., an Oklahoma Nonprofit Corporation d/b/a Oklahoma City Indian Clinic; Oklahoma City Indian Clinic; Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 17, 2004.

Attorney(s) appearing for the Case

Gary S. Pitchlynn (Patrick A. Morse and O. Joseph Williams, Pitchlynn & Morse, P.A., Norman, OK, and Stephen Peterson and Michael S. McMillin, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, with him on the briefs), Pitchlynn & Morse, P.A., Norman, OK, for Defendants-Appellants Central Oklahoma American Indian Health Council, Inc. and Jihad Ahmad, M.D.

Perry T. Marrs, Jr. and William C. Medley IV, Short Wiggins Margo & Butts, Oklahoma City, OK, on the briefs for Defendant-Appellant C. Thomas Covington, M.D.

Madeline Henley, (Robert D. McCallum, Jr., Asst. Attorney General, Sheldon J. Sperling, United States Attorney, Jeffrey Axelrad, Director of Department of Justice Torts Branch, with her on the briefs) Department of Justice Torts Branch, Washington, D.C., for Defendant-Appellee United States of America.

H. Buckmaster Coyne, Jr., George W. Braly, Braly & Braly and Coyne, Ada, OK, on the briefs for Plaintiff-Appellee John Alton Woodruff.

Before EBEL, ANDERSON, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

After receiving allegedly substandard medical care, John Alton Woodruff ("Plaintiff") brought a malpractice action against Drs. C. Thomas Covington and Jihad Ahmad, as well as the Central Oklahoma American Indian Health Council ("COAIHC"), the Carl Albert Indian Health Facility ("Carl Albert Hospital"), and the United States of America (named as defendant for Carl Albert Hospital). Dr. Covington filed a motion to dismiss on the grounds that he...

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