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NYGREN v. PREDOVICH

Civ. A. No. 86-K-170.

637 F.Supp. 1083 (1986)

Elaine Loretta Butler NYGREN: Srul Ruda: Sylvia Ruda: and R & R Operating Company, a Colorado corporation, Plaintiffs, v. Daniel J. PREDOVICH: Richard E. Schockley: Jane Does Nos. 1-10; and National Medical Services, Inc., a Pennsylvania corporation, Defendants.

United States District Court, D. Colorado.

June 25, 1986.

Attorney(s) appearing for the Case

Lee D. Foreman, Haddon, Morgan & Foreman, Denver, Colo., for plaintiffs.

Martin D. Buckley, Peter D. Bornstein, Berenbaum & Weinshienk, Denver, Colo., for National Medical Services.

William F. Eggert, Hall & Evans, Denver, Colo., for Predovich & Shockley.

Ralph Harden, Larimer Co. Atty., Fort Collins, Colo., for County.

Guy Till, Asst. Atty. Gen., Denver, Colo., for State.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This matter is now before me on defendants' motions to dismiss pursuant to Fed.R. Civ.P. 12(b).1 Before considering the parties' arguments, I shall set forth the relevant facts.

I. BACKGROUND FACTS

On October 28, 1982, William Fentress, a patient at the Twin Pines Nursing Home in Loveland, Colorado, died. On that date, Twin Pines was operated by plaintiffs Srul...

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