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PACE v. SWERDLOW

No. 06-4157.

519 F.3d 1067 (2008)

Thomas A. PACE and Karol Pace, Heirs of Angie Putnam, Deceased, Plaintiffs-Appellants, v. Barry N. SWERDLOW, M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 4, 2008.

Attorney(s) appearing for the Case

Kenneth R. Ivory, Ivory Law, P.C., Sandy, Utah (C. Michael Lawrence, C. Michael Lawrence, P.C., Taylorsville, Utah, with him on the briefs), for Plaintiffs-Appellants.

J. Anthony Eyre (J. Kevin Murphy, with him on the brief), Kipp and Christian, P.C., Salt Lake City, Utah, for Defendant-Appellee.

Before BRISCOE, GORSUCH, and HOLMES, Circuit Judges.

BRISCOE, Circuit Judge.

This is a diversity action which was dismissed under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiffs Thomas A. Pace and Karol Pace ("Plaintiffs"), the parents and heirs of the deceased, Angie Putnam, brought this action against Defendant Barry N. Swerdlow ("Defendant"). Plaintiffs originally hired Defendant, a licensed physician, to serve as their expert witness in a medical malpractice case Plaintiffs...

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