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MACKEY v. JOHNSON

No. 16-1886.

868 F.3d 726 (2017)

Tim MACKEY; John Nesse, as Trustees of the Minnesota Laborers Health and Welfare Fund, Plaintiffs-Appellees, v. Terri Lynn JOHNSON, as Trustee for the Heirs and Next of Kin of Timothy M. Scherf; Meshbesher & Spence, Ltd., Defendants-Appellants, The Duluth Clinic, Ltd., doing business as Essentia Health Deer River Clinic, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2017.

Attorney(s) appearing for the Case

Amy Lu Court , Christy E. Lawrie , Carl S. Wosmek , MCGRANN & SHEA, Minneapolis, MN, for Plaintiffs-Appellees.

Andrew L. Davick , Anthony James Nemo , Ashleigh Elizabeth Raso , MESHBESHER & SPENCE, Minneapolis, MN, for Defendants-Appellants Terri Lynn Johnson, Meshbesher & Spence, Ltd.

Angela M. Nelson , Barry G. Vermeer , Jennifer M. Waterworth , GISLASON & HUNTER, Minneapolis, MN, for Defendant-Appellee The Duluth Clinic, Ltd.

Before LOKEN, COLLOTON, and KELLY, Circuit Judges.

Terri Johnson brought a wrongful-death action against the Duluth Clinic, alleging that the Clinic was negligent in its treatment of her brother's lung cancer. Johnson's brother was a participant in the Minnesota Laborers Health and Welfare Fund, and the Fund paid for his medical...

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