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BAIR v. PECK

No. 65240.

811 P.2d 1176 (1991)

248 Kan. 824

Stephen BAIR, Plaintiff, v. Roger G. PECK, M.D.; Perry Smith, M.D.; Great Bend Internists, P.A.; and Alderson, Schuckman, and Smith, P.A., Defendants.

Supreme Court of Kansas.

May 24, 1991.

Attorney(s) appearing for the Case

Allen G. Glendenning, of Turner and Boisseau, Chartered, Great Bend, argued the cause, and Lisa A. Beran, of the same firm, was on the brief, for plaintiff.

John L. Carmichael, of Woodard, Blaylock, Hernandez, Pilgreen & Roth, Wichita, argued the cause, and was on the brief, for defendants.

HOLMES, Chief Justice:

This case originated as a medical malpractice action filed in the United States District Court for the District of Kansas. Judge Sam A. Crow, pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq., has certified to this court the question of the constitutionality of K.S.A.1990 Supp. 40-3403(h). The specific question certified to this court reads:

"Does K.S.A. 40-3403(h) violate Sections 1, 5 and...

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