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HARDWICK v. SMITH

No. 6504.

286 F.2d 81 (1961)

Leatha Evans HARDWICK, Appellant, v. Dr. Newton C. SMITH; and Drs. Newton C. Smith, Bruce G. Smith, Thomas L. Hill, Carl O. Stensaas, and George C. Meek, a co-partnership, doing business as the Meek-Stensaas Clinic, Appellees.

United States Court of Appeals Tenth Circuit.

January 5, 1961.

Attorney(s) appearing for the Case

Pat Warnick, Wichita, Kan. (Alan B. Phares, Wichita, Kan., was with him on the brief), for appellant.

W. A. Kahrs, Wichita, Kan. (Robert H. Nelson, H. W. Fanning and Richard C. Hite, Wichita, Kan., were with him on the brief), for appellees.

Before BRATTON, PICKETT and BREITENSTEIN, Circuit Judges.

PICKETT, Circuit Judge.

On March 7, 1958, the plaintiff, a citizen of Texas, was injured in an automobile accident near Arkansas City, Kansas. She was treated in a hospital at Arkansas City by the defendants, d/b/a Meek-Stensaas Clinic, until she was dismissed as cured on March 18, 1958. This action was filed on March 4, 1960, and the Clerk of Court prepared the summons on March 5, 1960. The record indicates that the United States Marshal received the summons on March...

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