DUNCAN v. LEEDS

No. 83-5661.

742 F.2d 989 (1984)

Marilyn DUNCAN, et vir, A.Y. Duncan, Plaintiffs-Appellants, v. H.M. LEEDS, M.D. and Roy McDonald, M.D., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1984.


Attorney(s) appearing for the Case

Daniel J. Goodman (argued), Goodman, Cannon & McNabb, David W. McNabb, Knoxville, Tenn., for plaintiffs-appellants.

Arthur D. Byrne, Poore, Cox, Baker, Ray & Byrne, James O'Kane (argued), Knoxville, Tenn., for McDonald.

Jonathan H. Burnett, (argued), Hodges, Doughty & Carson, Knoxville, Tenn., for Leeds.

Before LIVELY, Chief Judge, ENGEL, Circuit Judge, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

This appeal involves the question of whether the district court erred in dismissing a complaint alleging medical malpractice on the ground that the complaint was time-barred by the applicable statute of limitations. Because our review indicates that the complaint alleges facts that could constitute fraudulent concealment of the cause of action, which would toll the statute under the applicable law, we hold that the district court...

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