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PEARCE v. UNITED STATES

Civ. A. No. 77-2261.

450 F.Supp. 613 (1978)

Donald G. PEARCE, Plaintiff, v. UNITED STATES of America and Shawnee Mission Medical Center, Defendants.

United States District Court, D. Kansas.

May 9, 1978.

Attorney(s) appearing for the Case

Frank D. Menghini, J. Nick Badgerow, of McAnany, Van Cleave & Phillips, Kansas City, Kan., for plaintiff.

James P. Buchele, U. S. Atty., Vernon E. Lewis, Asst. U. S. Atty., Kansas City, Kan., for United States.

Kenneth E. Holm, of Boddington & Brown, Kansas City, Kan., for Shawnee Mission Med. Center.

MEMORANDUM AND ORDER

O'CONNOR, District Judge.

This case presents a complex question mentioned but not answered by the Supreme Court in Aldinger v. Howard, 427 U.S. 1, 18, 96 S.Ct. 2413, 49 L.Ed.2d 276 (1976): in an action properly filed in federal court under the Federal Tort Claims Act, does the doctrine of pendent jurisdiction give the court power to hear plaintiff's claim against an additional, private defendant...

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