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COLE v. ROBERTS

Civ. A. No. 85-94-VAL (WDO).

648 F.Supp. 415 (1986)

George Alton COLE, Individually, and as Administrator of the Estate of Julia Cole, Plaintiff, v. Don W. ROBERTS, M.D. and Mikell B. Karsten, M.D., Defendants.

United States District Court, M.D. Georgia, Valdosta Division.

November 21, 1986.

Attorney(s) appearing for the Case

Ben B. Mills, Jr., Fitzgerald, Ga., for plaintiff.

William U. Norwood, Thomasville, Ga., Wade H. Coleman, Valdosta, Ga., for defendants.

ORDER

OWENS, Chief Judge.

In this diversity action, defendant doctors have respectively moved pursuant to Rule 12(b)(1), Fed.R.Civ.P., to dismiss plaintiff's complaint against them for lack of subject matter jurisdiction. Their basic contention is that plaintiff is not the proper party and a suit by the proper party would defeat diversity. The core facts as set out in plaintiff's complaint are not, for purposes of these motions, disputed by the defendants...

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