Legal Opinion

Irma H. Sadler, of the Estate of Johnnie Dewey Hodges, Jr., Deceased v. New Hanover Memorial Hospital, Inc., a Corporation

Court of Appeals for the Fourth Circuit

Decided December 20, 1978No. 77-2444PublishedCited by 13 opinions

1Opinion of the Court

WINTER, Circuit Judge:

We authorized this interlocutory appeal to review the correctness of the district court’s ruling that it had diversity jurisdiction in a wrongful death action against a citizen of North Carolina brought by an executrix who is a citizen of Virginia for beneficiaries who are citizens of North Carolina. We affirm.

I

Johnnie Dewey Hodges, Jr. was a citizen of North Carolina who became a patient in a hospital in Wilmington, North Carolina, operated by New Hanover Memorial Hospital, Inc. (hospital), a North Carolina corporation. Hodges died in the hospital, after having…

2Cases cited9 opinions

  1. Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
  2. Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
  3. McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
  4. James L. Lester, Administrator of the Estate of Flossie Mae Garner Brown, Deceased v. Heyward McFaddon and Cameron Lumber CompanyCourt of Appeals for the Fourth Circuit · 1969
  5. Lonnie Miller, Administrator of the Estate of Albert Miller, Jr., Deceased and Albert Miller, Sr. v. Ely J. Perry, Jr.Court of Appeals for the Fourth Circuit · 1972

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3Cited by13 opinions

  1. Betar v. De Havilland Aircraft of Canada, Ltd.Court of Appeals for the Seventh Circuit · 1979
  2. Margaret M. Krier-Hawthorne v. Thomas L. Beam and L. Wallace Sink, Administrator of the Estate of Joseph Krier, DeceasedCourt of Appeals for the Fourth Circuit · 1984
  3. Messer v. American Gems, Inc.Court of Appeals for the Fourth Circuit · 1980
  4. Picquet v. Amoco Production Co.District Court, M.D. Louisiana · 1981
  5. Finkielstain v. SeidelDistrict Court, S.D. New York · 1988

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