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STEINLAGE v. MAYO CLINIC ROCHESTER

No. 05-2320.

435 F.3d 913 (2006)

Julie M. STEINLAGE, trustee for the heirs of Dolores May Smith, Plaintiff-Appellant, v. MAYO CLINIC ROCHESTER, a Minnesota corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Eric J. Magnuson, Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Paul Barry Klaas, Minneapolis, MN.

Before WOLLMAN, FAGG, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Dolores May Smith, a citizen of Minnesota, died after doctors who worked for the defendant allegedly failed to properly diagnose her illness. Ms. Smith's daughter, Julie Steinlage, brought this wrongful death action as a court-appointed wrongful death trustee under Minn.Stat. Ann. § 573.02. Ms. Steinlage is a citizen of Nevada. During trial, the defendant moved to dismiss for lack of jurisdiction, arguing that 28 U.S.C. § 1332(c)(2...

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