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BAPTIST HEALTH v. SMITH

No. 06-1601.

477 F.3d 540 (2007)

BAPTIST HEALTH, doing business as Baptist Health Medical Center, Plaintiff, v. Todd P. SMITH, M.D., Defendant/Appellee, v. Robert Casali, M.D., Third Party, Defendant/Appellant, Central Arkansas Vascular Surgery, P.A., Third Party, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: February 9, 2007.

Attorney(s) appearing for the Case

Krystal Taylor, argued, Little Rock, AR, for appellant.

Beth M. Deere, argued, Little Rock, AR, for appellee.

Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

Dr. Todd Smith filed a third-party complaint against Dr. Robert Casali seeking indemnity against a $154,000 judgment awarded to Baptist Health Medical Center ("Baptist Health"). The district court granted summary judgment in favor of Dr. Smith. Dr. Casali appeals. We affirm in part, reverse in part and remand.

I. Background

Dr. Casali is the President and sole shareholder of Central Arkansas Vascular Surgery ("CAVS")...

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