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IN RE FRANKLIN

No. 79-1551.

615 F.2d 909 (1980)

In re James Everett FRANKLIN, Bankrupt. The FIRST NATIONAL BANK OF ALBUQUERQUE, as guardian of the Estate of Paul Anthony Sanchez, a minor and incompetent, and Reina Sanchez, Individually, Plaintiffs-Appellees, v. James Everett FRANKLIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 20, 1980.

Attorney(s) appearing for the Case

Paul D. Rubner of Sterling, Simon & Rubner, P. C., Denver, Colo., for defendant-appellant.

Before SETH, Chief Judge, and McWILLIAMS and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a bankruptcy case. Dr. Franklin, an osteopathic surgeon, along with others, was sued in a state court in New Mexico by the First National Bank of Albuquerque, as guardian of the estate of Paul Anthony Sanchez, a minor, and by Reina Sanchez, the mother of Paul Sanchez. The complaint alleged that medical malpractice had occurred during the course of an appendectomy causing brain damage to Paul Sanchez, a minor. Judgment was taken against...

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