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AWA v. GUAM MEMORIAL HOSP. AUTHORITY

Nos. 83-1931, 83-1945 and 83-2117.

726 F.2d 594 (1984)

Miguel AWA, Plaintiff-Appellee, v. GUAM MEMORIAL HOSPITAL AUTHORITY, Defendant-Appellant. Stephanie Rose HAMMONDS, a minor, by Robert LIZAMA, her guardian ad litem, Plaintiff-Appellee, v. Vallop BOONPRAKONG, Defendant-Appellant. Mario GARCIA, Plaintiff-Appellee, v. Tsuyoshi YAMASHITA, M.D., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1984.

Attorney(s) appearing for the Case

Mark E. Cowan, Richard A. Pipes, Arriola & Cowan, Gary D. Hull, Baumann & Hull, Edward Arriola, Arriola & Weller, Agana, Guam, for plaintiffs-appellees.

J.C. Dierking, Howard G. Trapp, Howard Trapp, Untalan & Mair, Inc., Ruth Hall, Crain, Moore & Layne Agana, Guam, for defendants-appellants.

Before WRIGHT, CHOY, and POOLE, Circuit Judges.

CHOY, Circuit Judge:

This appeal combines several medical malpractice actions, each dismissed by the Superior Court of Guam on the ground that the plaintiffs had failed to comply with Guam's Medical Malpractice Claims Mandatory Screening and Mandatory Arbitration Act ("the Act") prior to bringing suit. On appeal to the Appellate Division of the District Court of Guam, the three-judge panel found "it impossible to construe the Act so as to give effect to its contradictory...

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