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HINES v. ELKHART GENERAL HOSPITAL

No. S 78-133.

465 F.Supp. 421 (1979)

Carl W. HINES and Andrew J. Fetsch, as Special Administrators of the Estate of Paul J. Hines, Carl W. Hines, Individually and Karen Kay Hines, Sandra Carol Hines and William Walter Hines by Carl W. Hines, their natural guardian and best friend, Plaintiffs, v. ELKHART GENERAL HOSPITAL and Dr. E. L. Fosbring, Defendants.

United States District Court, N. D. Indiana, South Bend Division.

January 15, 1979.

Attorney(s) appearing for the Case

J. B. Smith, Timothy F. Kelly, and Randall J. Nye, Beckman, Kelly & Smith, Hammond, Ind., for plaintiffs.

Arthur A. May and Thomas J. Hall, South Bend, Ind., for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This action presently pends before this Court for consideration of the defendants' Motion to Dismiss the Plaintiffs' complaint. That complaint, filed in this Court and with the Indiana Insurance Commissioner on July 3, 1978, purports to state a claim against the defendants for a medical malpractice based upon the defendants' alleged negligent care and treatment of the plaintiffs' decedent on or about July...

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