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RACHER v. WESTLAKE NURSING HOME LTD. PARTNERSHIP

No. 16-6011.

871 F.3d 1152 (2017)

Doris RACHER, Co-Personal Representative of the Estate of Eryetha Mayberry, Deceased; Sandra Cisper, Co-Personal Representative of the Estate of Eryetha Mayberry, Deceased; Earlene Adkisson, Co-Personal Representative of the Estate of Eryetha Mayberry, Deceased, Plaintiffs-Appellees, v. WESTLAKE NURSING HOME LIMITED PARTNERSHIP, d/b/a Quail Creek Nursing and Rehabilitation Center; Westlake Management Company, a Texas corporation, Defendants-Appellants, and Ron Lusk, an individual, Defendant.

United States Court of Appeals, Tenth Circuit.

September 28, 2017.

Attorney(s) appearing for the Case

Jimmy K. Goodman ( Harvey D. Ellis with him on the briefs), of Crowe & Dunlevy, Oklahoma City, Oklahoma, for Defendants-Appellants.

Kevin M. Coffey ( Paul A. Harris with him on the brief), of Harris & Coffey, PLLC, Oklahoma City, Oklahoma, for Plaintiffs-Appellees.

Before BRISCOE, EBEL and PHILLIPS, Circuit Judges.

Eryetha Mayberry was abused by two certified nursing assistants while in the care of Quail Creek Nursing Home, operated by Westlake Nursing Home Limited Partnership and Westlake Management Company (collectively "Quail Creek" or "Westlake"). Mrs. Mayberry's three daughters (collectively "plaintiffs") filed this diversity action...

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