Legal Opinion
Cole v. Roberts
District Court, M.D. Georgia
Decided November 21, 1986No. Civ. A. No. 85-94-VAL (WDO)Published
1Opinion of the Court
ORDER
OWENS, Chief Judge.
In this diversity action, defendant doctors have respectively moved pursuant to Rule 12(b)(1), Fed.R.Civ.P., to dismiss plaintiffs complaint against them for lack of subject matter jurisdiction. Their basic contention is that plaintiff is not the proper party and a suit by the proper party would defeat diversity. The core facts as set out in plaintiffs complaint are not, for purposes of these motions, disputed by the defendants.
Decedent Julia Cole allegedly underwent medical treatment by the defendants in 1983. She died later that same year. Surviving her were her…
2Cases cited13 opinions
- Dudley Warren Schilling, Cross v. J. A. Belcher, Sr., Cross Dudley Warren Schilling v. J. A. Belcher, Sr.Court of Appeals for the Fifth Circuit · 1978
- Hart v. Owens-Illinois, Inc.Supreme Court of Georgia · 1982
- Enger v. ErwinSupreme Court of Georgia · 1980
- Walden v. ColemanSupreme Court of Georgia · 1962
- Wilmoth v. Henry CountySupreme Court of Georgia · 1983
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