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BRUBAKER v. CAVANAUGH

No. 82-1981.

741 F.2d 318 (1984)

Donal M. BRUBAKER, Individually, as Parent and Next Friend of Brian Michael Brubaker, a minor, and as Administrator of the Estate of Shirley Brubaker, Deceased, Plaintiff-Appellant, v. John CAVANAUGH, M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 22, 1984.

Attorney(s) appearing for the Case

Jerry R. Palmer, P.A., Topeka, Kan., for plaintiff-appellant.

Charles L. Davis, Jr., Topeka, Kan. (Gary D. McCallister, James G. Keller and Davis, Unrein, Hummer & McCallister, Topeka, Kan., with him on the brief), for defendant-appellee.

Before SETH, BREITENSTEIN and SEYMOUR, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant in this diversity action appeals from an order of the district court 542 F.Supp. 944 granting summary judgment for the defendant on the ground that the action is barred by the applicable Kansas statute of limitation. We affirm.

The facts as alleged by the plaintiff are taken as true for the purposes of this appeal. In this medical malpractice action, plaintiff Donal Brubaker...

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