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WRIGHT v. YACKLEY

No. 25710.

459 F.2d 287 (1972)

Mina WRIGHT, Plaintiff-Appellant, v. James YACKLEY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 20, 1972.

Attorney(s) appearing for the Case

Edward Oksendahl (argued), of Denman, Reeves & Oksendahl, Idaho Falls, Idaho, for plaintiff-appellant.

W. F. Merrill (argued), of Merrill & Merrill, Pocatello, Idaho, for defendant-appellee.

Before MERRILL and ELY, Circuit Judges, and JAMESON, District Judge.

MERRILL, Circuit Judge:

Appellant here appeals from dismissal of a medical malpractice action. She brought the action in the District Court for the District of Idaho and asserted jurisdiction on grounds of diversity of citizenship.

While a resident of South Dakota appellant had been treated by appellee, a South Dakota doctor, and at his direction was taking drugs acquired by prescriptions permitting unlimited refills. She moved from South Dakota to Idaho and...

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