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HALL v. MUSGRAVE

No. 74-1778.

517 F.2d 1163 (1975)

Sharlene HALL and Ray Hall, Plaintiffs-Appellants, v. Dr. Ernest E. MUSGRAVE and Dr. Charles F. Sowards, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

June 2, 1975.

Attorney(s) appearing for the Case

James S. Greene, Jr., Greene & Forester, Harlan, Ky., Don R. Pippin, Norton, Va., T. Munford Boyd, Charlottesville, Va., for plaintiffs-appellants.

Robert J. Greene, G. C. Perry, III, J. Michael Noyes, Robert Greene, Paintsville, Ky., William J. Baird, III, Baird & Baird, Ronald W. May, Pikeville, Ky., for defendants-appellees.

Before CELEBREZZE, PECK and ENGEL, Circuit Judges.

JOHN W. PECK, Circuit Judge:

This diversity case concerns the date on which a medical malpractice action "accrued" under Kentucky law. The pertinent statute of limitations, K.R.S. § 413.140(1)(e), provides that an action for negligence or malpractice against a physician must be commenced within one year after the cause of action accrued. As the operative facts were not in dispute, the district court correctly determined that the statute of limitations question...

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