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SHREWSBURY v. SMITH

No. 74-2009.

511 F.2d 1058 (1975)

Myrene M. SHREWSBURY and Alvin H. Shrewsbury, Plaintiffs-Appellants, v. Dr. Dewayne SMITH et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

March 11, 1975.

Attorney(s) appearing for the Case

Walter J. Wolske, Jr., Wolske & Blue, Columbus, Ohio, John C. Wasserman, Toledo, Ohio, for plaintiffs-appellants.

Benjamin B. Durfee, Spengler, Nathanson, Heyman, McCarthy & Durfee, James R. Jeffery, Toledo, Ohio, for defendant-appellee.

Before WEICK, McCREE and MILLER, Circuit Judges.

PER CURIAM.

This appeal is from an order dismissing the complaint on the ground that the cause of action for malpractice was barred by Ohio's one-year statute of limitations. Ohio Rev.Code § 2305.11. We are of the opinion that the appeal was timely filed, and the motion to dismiss is therefore overruled.

Defendants contend that the statute of limitations commenced to run at the latest when the physician-patient relationship ended and the action admittedly...

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