SUMMERS v. WALLACE HOSPITAL

No. 16400.

276 F.2d 831 (1960)

Elsie SUMMERS, Appellant, v. WALLACE HOSPITAL, Paul L. Ellis, Hubert E. Bonebrake, and Lewis B. Hunter, a copartnership, and Hubert E. Bonebrake, M. D., individually, Appellees.

United States Court of Appeals Ninth Circuit.

March 17, 1960.


Attorney(s) appearing for the Case

Doepker & Hennessey, M. J. Doepker, M. F. Hennessey, Butte, Mont., James W. Ingalls, Coeur d'Alene, Idaho, for appellant.

Hawkins & Miller, E. L. Miller, Coeur d'Alene, Idaho, for appellees.

Before HAMLEY, JERTBERG, and KOELSCH, Circuit Judges.


HAMLEY, Circuit Judge.

In this Idaho malpractice case brought in federal court because of diversity of citizenship, judgment of dismissal was entered on a directed verdict for defendants. The verdict was so directed on the ground that the action was barred by the statute of limitations. Elsie Summers, the plaintiff, appeals.

The facts are simple and not in dispute. In March 1951 Dr. Hubert E. Bonebrake, one of the appellees, utilizing the facilities of appellee...

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