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DICK v. LEWIS

No. 80-1157.

636 F.2d 1168 (1981)

Steven Clair DICK, incompetent, by Gordon Clair Dick, his guardian ad litem, Plaintiff-Appellant, v. Dr. Asle Kingsley LEWIS; Lisbon Memorial Hospital; and Jane Doe and Rachael Roe, whose true names are to plaintiff unknown, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 19, 1981.

Attorney(s) appearing for the Case

Robert William Rischmiller, Minneapolis, Minn., for plaintiff-appellant.

Patrick Weir and Frank Magill, Fargo, N. D., for defendants-appellees.

Before LAY and HENLEY, Circuit Judges, and HANSON, Senior District Judge.

PER CURIAM.

In this diversity case, plaintiff-appellant, Steven Dick, appeals from the district court's dismissal of his medical malpractice suit against Dr. Asle Lewis and the New Lisbon, North Dakota, Memorial Hospital. This suit was brought on behalf of Steven — who is a 20-year-old incompetent suffering from cerebral palsy, spastic paraplegia, and mental retardation — by his parents, Gordon and Mona Dick. In a non-jury trial, the Dicks attempted...

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