Robert Shuler, et al v. H. Edward Garrett, Jr., et al


OPINION and JUDGMENT filed: The portion of the district court order dismissing the plaintiffs' medical battery claim is REVERSED. Decision for publication. Deborah L. Cook and Jane Branstetter Stranch (AUTHORING), Circuit Judges; James G. Carr, U.S. District Judge for the Northern District of Ohio, sitting by designation.

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Case: 12-6270 Document: 006111965000 Filed: 02/14/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 12-6270 ROBERT L. SHULER and PAULINE SHULER LEWIS, natural children and heirs at law of decedent Pauline Sloan Shuler; THE ESTATE OF PAULINE SLOAN SHULER, Plaintiffs - Appellants, FILED Feb 14, 2014 DEBORAH S. HUNT, Clerk v. H. EDWARD GARRETT, JR., M.D.; EVA G. PROCTOR, M.D.; CARDIOVASCULAR SURGERY CLINIC, PLLC; STERN OWNERSHIP GROUP LLC, dba The Stern Cardiovascular Center; BAPTIST MEMORIAL HEALTH CARE CORPORATION, dba Baptist Memorial HospitalMemphis; FRANK A. MCGREW, M.D., Defendants - Appellees. Before: COOK and STRANCH, Circuit Judges; CARR, District Judge. JUDGMENT On Appeal from the United States District Court for the Western District of Tennessee at Memphis. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the portion of the district court order dismissing the plaintiffs’ medical battery claim is REVERSED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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