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CUTHBERTSON v. UHLEY

No. 74-1603.

509 F.2d 225 (1975)

Earl CUTHBERTSON, Appellant, v. Dr. C. G. UHLEY, Individually, the Northwestern Clinic, a partnership, and the Bethesda Hospital Association, a corporation, now known as the Riverview Hospital Association, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 3, 1975.

Attorney(s) appearing for the Case

Raymond A. Lamb, Moorhead, Minn., for appellant.

Edmund M. Odland, Erickson, Erie & Odland, Crookston, Minn., for appellee, Bethesda Hospital.

Gerald S. Rufer, Rufer, Hefte, Pemberton, Schulze & Sorlie, Fergus Falls, Minn., for appellees, Uhley and Northwestern Clinic.

Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.

HEANEY, Circuit Judge.

The sole issue on appeal is whether the Minnesota statute of limitations or the North Dakota statute of limitations applies to this medical malpractice suit brought in the United States District Court for the District of Minnesota. The District Court, in an unpublished decision, applied the Minnesota statute and dismissed the action. It held that the Minnesota Supreme Court would, under its better-law methodology adopted in Milkovich v. Saari...

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