GUFFEY v. MEHAN

No. 71-1367.

457 F.2d 777 (1972)

Walter GUFFEY, Appellant, v. Donald MEHAN, Appellee.

United States Court of Appeals, Eighth Circuit.

March 24, 1972.


Attorney(s) appearing for the Case

Jack Egel, James F. Koester, St. Louis, Mo., for appellant.

Norris H. Allen, Anderson, Gilbert, Wolfort, Allen & Bierman, St. Louis, Mo., for appellee.

Before GIBSON and HEANEY, Circuit Judges, and VAN PELT, Senior District Judge.


HEANEY, Circuit Judge.

The issue in this direct appeal is whether the District Court erred in holding that the Missouri statute of limitations barred the plaintiff's action for medical malpractice.

The alleged act of negligence occurred in February, 1968. On August 28, 1969, the plaintiff filed an action in the Circuit Court of the City of St. Louis. The plaintiff was unable to obtain service until February 4, 1971. The defendant, appearing specially, moved...

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