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WALTERS v. RINKER

No. 71A03-8706-CV-153.

520 N.E.2d 468 (1988)

William S. WALTERS, D.O. Petitioner-Appellant, v. Lee RINKER and Delores Rinker, Respondents-Appellees.

Court of Appeals of Indiana, Third District.

March 29, 1988.

Attorney(s) appearing for the Case

Edward N. Kalamaros, Peter J. Agostino, Edward N. Kalamaros & Associates Professional Corp., South Bend, for petitioner-appellant.

John C. Hamilton, John C. Hamilton, P.C., South Bend, Harzl E. Levine, Levine, Sorkin & Nusbaum, Chicago, Ill., for respondents-appellees.

GARRARD, Presiding Judge.

This is an interlocutory appeal from the denial of William Walters' motion for preliminary determination of his affirmative defense in a medical malpractice action brought by Lee and Delores Rinker. The motion was treated as one for summary judgment by agreement of the parties. The following issues are raised:

1) whether a genuine issue of material fact exists as to whether the two year statute of limitations applicable to medical...

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