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NOVAK v. MOUNT MARTY HOSPITAL ASSOCIATION

Civ. No. 70-65S.

315 F.Supp. 931 (1970)

Vincent J. NOVAK, Administrator of the Estate of Patricia Blanche Sedlacek, a/k/a Patricia B. Sedlacek, Deceased, Plaintiff, v. MOUNT MARTY HOSPITAL ASSOCIATION, d/b/a Sacred Heart Hospital, Yankton, South Dakota, Agricultural Insurance Company and Don A. Bierle, Defendants.

United States District Court, D. South Dakota, S. D.

September 3, 1970.

Attorney(s) appearing for the Case

Gerald L. Reade, of Brady, Kabeiseman, Light & Reade, Yankton, S. D., for plaintiff.

Harold C. Doyle, of May, Boe & Johnson, Sioux Falls, S. D., for defendants Mount Marty and Agricultural Insurance Co.

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant, Bierle.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This ruling is predicated upon separate motions of the defendants to dismiss.

Federal jurisdiction in this suit is based on 28 U.S.C. § 1332 (1964). The cause of action arises out of the circumstances leading to the death of Patricia Blanche Sedlacek and the acts of the defendants in negotiating a settlement with the special administrator of her estate. Decedent's beneficiaries for the purposes of this...

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