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FERGUSON v. GARMON

Civ. A. No. 84-2054.

643 F.Supp. 335 (1986)

Polizetta FERGUSON, Plaintiff, v. Gregg W. GARMON, M.D., and the Menninger Foundation, Defendants.

United States District Court, D. Kansas.

August 28, 1986.

Attorney(s) appearing for the Case

Jerry R. Palmer, Jerry Levy, Levy, Smith, Garrett & Smith, Topeka, Kan., for plaintiff.

Edwin D. Smith, Fisher, Patterson, Sayler & Smith, Topeka, Kan., for defendant Garmon.

Gary E. Laughlin, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, Kan., for defendant Menninger Foundation.

Wayne T. Stratton, Marta Fisher Linenberger, Goodell, Stratton, Edmonds & Palmer, Topeka, Kan., for amicus curiae The Kansas Hosp. Ass'n and The Kansas Medical Society.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is pending before the court on two motions. First, plaintiff Polizetta Ferguson has moved for a determination in advance of trial of the constitutionality of K.S.A. 60-3403. Plaintiff contends that the statute, which allows defendants who are health care providers to introduce evidence showing the amount of collateral source payments received by...

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