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Jensen v. IHC Hospitals11/14/2003
to impute liability to McKay-Dee for the alleged fraud of Dr. Healy. Because plaintiffs' independent fraud claim against Dr. Healy is moot, however, even were we to remand on this issue, plaintiffs' proposed amendment would not withstand a motion to dismiss and is therefore futile. We thus affirm the trial court's denial of plaintiffs' motion on this alternative ground.
The judgment of the trial court is affirmed.
Justice Wilkins, Justice Parrish, Judge Nehring, and Judge Memmott concur in Associate Chief Justice Durrant's opinion.
Having disqualified herself, Chief Justice Durham does not participate herein; District Judge Jon M. Memmott sat.
Justice Russon did not participate herein; District Judge Ronald E. Nehring sat.
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