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ST. AUBIN v. BURKE

No. C6-88-1476.

434 N.W.2d 282 (1989)

David ST. AUBIN, as Trustee for the heirs and next-of-kin of JoAnne St. Aubin, Appellant, v. M. Desmond BURKE, M.D., et al., Defendants, Daniel C. Conlon, M.D., Cassius Ellis, M.D., Frederick H. Kravitz, M.D., Respondents.

Court of Appeals of Minnesota.

Review Denied March 29, 1989.

Attorney(s) appearing for the Case

Gene P. Bradt, Mary Kay Kolar, St. Paul, for appellant.

Greer Lockhart, Rebecca L. Moos, Bassford, Heckt, Lockhart & Mullin, P.A., Minneapolis, for Daniel C. Conlon, M.D.

Robert E. Salmon, Robert M. Frazee, Raymond L. Tahnk-Johnson, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Cassius Ellis, M.D.

David D. Alsop, Gislason, Dosland, Hunter & Malecki, Minnetonka, for Frederick H. Kravitz, M.D.

Heard, considered and decided by FOLEY, P.J., and NORTON and FLEMING, JJ.

OPINION

FOLEY, Judge.

Appellant David St. Aubin, as Trustee for the heirs and next-of-kin of JoAnne St. Aubin, appeals from summary judgment granted in favor of respondent Cassius Ellis, M.D. on the grounds that it was time-barred. We affirm.

FACTS

JoAnn St. Aubin was referred to Ellis by her regular physician. On March 3, 1980, Ellis performed a right breast biopsy upon her. Ellis last treated...

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