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HART v. MAZUR

Civ. A. No. 95-109L.

903 F.Supp. 277 (1995)

Evelyn HART, in her capacity as Administratrix of the Estate of James Ribera, Evelyn Hart p.p.a. Joshua Ribera, a minor; Richard Ribera, a minor; and Janell Ribera, individually, Plaintiffs, v. Nina MAZUR, M.D., James M. Lewis, P.A., and Newport Hospital, Defendants.

United States District Court, D. Rhode Island.

November 6, 1995.

Attorney(s) appearing for the Case

Amato A. DeLuca, Mandell, DeLuca & Schwartz, Providence, RI, for plaintiffs

Thomas D. Gidley, Gidley, Sarli & Marusak, Providence, RI, for deft. Newport Hospital.

William F. White, Tate & Elias, Providence, RI, for deft. Mazur.

MEMORANDUM AND ORDER

LAGUEUX, Chief Judge.

The matter presently before the Court tests the rule that an action brought under the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd (1988 & Supp. V 1993), is not the federal twin of a state medical malpractice suit. Defendants bring two separate, though similar, motions to dismiss for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1). Defendant Newport...

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