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BURD v. McCULLOUGH

No. 11158.

217 F.2d 159 (1954)

Mittie BURD, An Infant, Who Sues by Her Father and Next Friend, Harry Burd, Plaintiff-Appellant, v. Dr. James Y. McCULLOUGH, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 29, 1954.

Attorney(s) appearing for the Case

Herbert J. Backer, Indianapolis, Ind., Charles W. Morris, Frank A. Garlove, Louisville, Ky., Theodore R. Dann, Indianapolis, Ind., for plaintiff-appellant.

Thomas M. Scanlon, Indianapolis, Ind., Telford B. Orbison, New Albany, Ind., Albert Stump, Howard J. Cofield, Indianapolis, Ind., for defendant-appellee. Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., Bulleit & Orbison, New Albany, Ind., of counsel.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

The appellant, Mittie Burd, a minor, sued the appellee, Dr. James Y. McCullough, for malpractice. The District Court sustained appellee's motion for summary judgment on the ground that the action was begun after the applicable two year statute of limitations. This appeal is taken from that judgment.

The dispute revolves about two separate Indiana statutes. One was enacted in 1941 and established a special limitation on malpractice actions...

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