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NIELSEN v. GAERTNER

No. 94-1702.

96 F.3d 110 (1996)

Christian P. NIELSEN, Plaintiff-Appellant, v. Richard L. GAERTNER, M.D., Defendant-Appellee. Virginia Trial Lawyers Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1996.

Attorney(s) appearing for the Case

ARGUED: Steven Mark Garver, Law Offices of Steven M. Garver, P.C., Reston, VA, for Appellant. John J. Brandt, Slender, Brandt, Jennings & Johnston, Merrifield, VA, for Appellee. ON BRIEF: Cheryl G. Rice, Law Offices of Steven M. Garver, P.C., Reston, VA, for Appellant. Benjamin W. Glass, III, Virginia Trial Lawyers Association, Richmond, VA, for Amicus Curiae.

Before ERVIN and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge MOTZ and Senior Judge PHILLIPS joined.

OPINION

ERVIN, Circuit Judge:

Christian P. Nielsen, the plaintiff-appellant in this Virginia medical malpractice case, appeals from a grant of summary judgment by the district court dismissing his action on the ground that it was barred by the two year statute of limitations. We reverse and remand for the reasons hereinafter...

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