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LAWYER v. KERNODLE

No. 83-1301.

721 F.2d 632 (1983)

John LAWYER, Appellant, v. Jefferson D. KERNODLE and Upsher Laboratories, Inc., Appellees. Charles Nall, James Lawson, James Carter.

United States Court of Appeals, Eighth Circuit.

Decided November 16, 1983.

Attorney(s) appearing for the Case

Mark T. Kempton, Sedalia, Mo., for appellant.

Larry McMullen, James D. Conkright, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for appellees.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and DUMBAULD, Senior District Judge.

LAY, Chief Judge.

John Lawyer appeals from the district court's order dismissing his complaint for damages brought against Jefferson D. Kernodle, a pathologist, and Upsher Laboratories, Inc. Lawyer's complaint sought damages for the negligent diagnosis of the cause of death of Diana Lawyer, John Lawyer's wife, under Missouri law and damages under 42 U.S.C. § 1983 (1976) for the alleged denial of due process caused by Kernodle's "erroneous" and "premature" communication...

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