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SEROCKI v. MERITCARE HEALTH SYSTEM

No. CIV. 03-1017.

312 F.Supp.2d 1201 (2004)

Gloria SEROCKI, Individually and as Personal Representative of The Estate of Jerome A. Serocki, Plaintiff, v. MERITCARE HEALTH SYSTEM, a North Dakota Corporation, Defendant.

United States District Court, D. South Dakota, Northern Division.

April 1, 2004.

Attorney(s) appearing for the Case

John William Burke, Kenneth E. Barker, Barker, Wilson, Reynolds & Burke, LLP, Belle Fourche, SD, Thomas L. Sannes, Delaney, VanderLinden & Delaney, Webster, SD, for Plaintiff.

Michael T. Andrews, Wayne W. Carlson, Vogel Law Firm, Scott K. Porsborg, Smith, Bakke, Hovland & Oppegard, Bismark, ND, for Defendants.

MEMORANDUM DECISION AND ORDER

KORNMANN, District Judge.

BACKGROUND

[¶ 1] Plaintiff Gloria Serocki ("Serocki") commenced this wrongful death action by serving upon defendant MeritCare Health System ("Meritcare") a summons and complaint on May 20, 2003. The action was originally brought in Roberts County, South Dakota, the county of Serocki's residence. MeritCare timely removed the case to the Northern Division of the District of South Dakota...

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