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FULLER v. MARX

No. 83-1274.

724 F.2d 717 (1984)

Leda Faye FULLER, individually and as Administratrix of the Estate of Thomas Richard Fuller, Deceased, and as natural guardian and next friend of Thomas Richard Fuller, Jr., Christine Darlene Fuller and April Dawn Fuller, Appellant, v. Stephen A. MARX, individually, and as State Medical Examiner, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 13, 1984.

Rehearing Denied February 29, 1984.

Attorney(s) appearing for the Case

A. Wayne Davis, R. David Lewis, Little Rock, Ark., for appellant.

Laura A. Hensley, Friday, Eldredge & Clark, Steve Clark, Atty. Gen. by Robert L. Waldrum, Asst. Atty. Gen., Little Rock, Ark., for Appellee.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and COLLINSON, Senior District Judge.

Rehearing En Banc Denied February 29, 1984.

HENLEY, Senior Circuit Judge.

In September, 1978 the husband of plaintiff-appellant Leda Faye Fuller, Thomas Richard Fuller, died while imprisoned at the Cummins Unit of the Arkansas Department of Correction. The defendant, Dr. Stephen A. Marx, was the state medical examiner at the time. He performed an autopsy, and concluded that Fuller died of myocarditis, or heart failure. The body, except for the organs Dr. Marx...

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