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STONER v. CARR

No. 11879.

550 P.2d 259 (1976)

97 Idaho 641

Rose Mary STONER and Thomas Stoner, husband and wife, Plaintiffs-Appellants, v. Taylor H. CARR, M.D., et al., Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied June 18, 1976.

Attorney(s) appearing for the Case

Jesse R. Walters of Derr, Derr, Walters & Cantrill, Boise, for plaintiffs-appellants.

Gary Theo Dance of Merrill & Merrill, Pocatello, for defendant-respondent Taylor H. Carr, M.D.

John G. St. Clair of St. Clair, St. Clair, Hiller, Benjamin & Wood, Idaho Falls, for defendants-respondents Sacred Heart Hospital, Inc. and Jane Doe.

ON REHEARING

McFADDEN, Chief Justice.

The previous opinion issued in this case on December 29, 1975, is withdrawn and this opinion is hereby substituted therefor.

Plaintiffs-appellants, Rose Mary and Thomas Stoner instituted this action against defendants-appellants, Taylor H. Carr, M.D., Community Hospital of Idaho Falls, Inc., and Jane Doe, to recover damages for malpractice. The district court, finding that the action was barred by the statute...

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