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THOMSON v. HARMONY

No. 93-4089.

65 F.3d 1314 (1995)

Paul E. THOMSON, M.D., Plaintiff-Appellant, v. Judith A.K. HARMONY, Andrew T. Filak, Jr., M.D., Evelyn V. Hess, M.D., Gene Conway, M.D., John Hutton, M.D., Joseph Broderick, M.D., Kathleen Robbins, and Donald Ebersold, M.D., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 18, 1995.

Rehearing and Suggestion for Rehearing Denied November 1, 1995.

Attorney(s) appearing for the Case

Ivan L. Tamarkin (argued and briefed), Katz, Greenberger & Norton, Cincinnati, OH, for plaintiff-appellant.

Mark J. Wasserman (argued and briefed), Richard S. Barnett, Beckman, Weil, Shepardson & Faller, Cincinnati, OH, for defendants-appellees.

Before: MERRITT, Chief Judge; and KEITH and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 1, 1995.*

BOGGS, J., delivered the opinion of the court, in which KEITH, J., joined.

MERRITT, C.J. (pp. 1321-22), delivered a separate dissenting opinion.

BOGGS, Circuit Judge.

Plaintiff Paul Thomson appeals from the district court's dismissal of his suit pursuant to Leaman v. Ohio Dept. of Mental Retardation and Development Disabilities,

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