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MARLER v. HIEBERT

Civil Action No. 96-2226-KHV.

960 F.Supp. 253 (1997)

David MARLER, surviving spouse of Brandi Marler, deceased, Plaintiff, v. John HIEBERT, M.D., Defendant.

United States District Court, D. Kansas.

April 11, 1997.

Attorney(s) appearing for the Case

Victor A. Bergman, Stephen N. Six, Shamberg, Johnson & Bergman, Overland Park, KS, for David Marler.

Jeffrey W. Jones, Thomas L. Theis, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, for John Hiebert, M.D.

Thomas E. Wright, Donald S. Lee, Wright, Henson, Somers, Sebelius, Clark & Baker, Topeka, KS, for Board of Trustees of Lawrence Memorial Hosp.

MEMORANDUM AND ORDER

VRATIL, District Judge.

This matter comes before the Court on defendant's Motion To Dismiss (Doc. # 82) filed March 3, 1997. Plaintiff brings this action for wrongful death of his wife, Brandi Marler, pursuant to K.S.A. §§ 60-1901 and 1902. Federal jurisdiction is based exclusively on diversity of citizenship. Defendant claims that the Court lacks subject matter jurisdiction over plaintiff's claims because there...

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