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SMITH v. STATE OF INDIANA

No. 3:95 cv 607 AS.

904 F.Supp. 877 (1995)

Russell SMITH, Plaintiff, v. STATE OF INDIANA, County of Cass, City of Logansport, Ron Calley, Sheriff of Cass County, Lt. John Huff, Capt. Wayne Erwin, OFC. Jeff Schnepp, Sgt. Mark Day, OFC. Sherman Fisher, Ruben Calisto, M.D., and John Does I-V, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

October 27, 1995.

Attorney(s) appearing for the Case

Michael P. Ewing, Gregg J. Stark, Rosenthal and Stark, Indianapolis, IN, for Russell Smith.

Robert T. Keen, Jr., Miller Carson Boxberger and Murphy, Fort Wayne, IN, Patrick J. Reynolds, Sr., Modesto Reynolds and McDermott, Chicago, IL, for County of Cass, City of Logansport, Ron Calley, Sheriff of Cass County, John Huff, Wayne Erwin, Jeff Schnepp, and Mark Day.

Ronald J. Semler, Michael R. Morow, Stephenson Daly Morow and Kurnik, Indianapolis, IN, Jeffry G. Price, Peru, IN, for Sherman Fisher.

Larry R. Fisher, Stuart and Branigin, Lafayette, IN, for Dr. Calisto.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

On October 4, 1995, the defendant, Ruben Calisto, M.D., filed a Motion to Dismiss the plaintiff's complaint as to that defendant for failure to comply with the Indiana Medical Malpractice Act. In its Order dated October 12, 1995, this court ruled that pursuant to Rule 56, Fed.R.Civ.P., the filing of an affidavit in support of the Motion to Dismiss required that the defendant's motion be treated as a Motion...

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