BRISCOE, Circuit Judge. This is a diversity action which was dismissed under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiffs Thomas A. Pace and Karol Pace (“Plaintiffs”), the parents and heirs of the deceased, Angie Putnam, brought this action against Defendant Barry N. Swerdlow (“Defendant”). Plaintiffs originally hired Defendant, a licensed physician, to serve as their exper…
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