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FITZ v. DOLYAK

No. 82-2165.

712 F.2d 330 (1983)

Mary Kathryn FITZ, Appellant, v. Howard P. DOLYAK, D.O., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 19, 1983.

Attorney(s) appearing for the Case

David L. Phipps, Kenneth W. Biermacher, Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, Iowa, for appellee.

Charles A. Coppola, Coppola, Coppola & Clark, Des Moines, Iowa, for appellant.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and RENNER, District Judge.

RENNER, District Judge.

Mary Kathryn Fitz appeals from the district court's1 dismissal of this medical malpractice action on the ground that it is barred by Iowa's Limitation of Action Statute, Iowa Code § 614.1(9) (1979). She challenges the court's finding that § 614.1(9) does not deny her equal protection or due process. We affirm.

I. BACKGROUND

In a complaint filed February 25, 1981, Fitz alleged that in...

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