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SWAFFORD v. WORTMAN

Civil Action No. 95-1488-JTM.

2 F.Supp.2d 1429 (1998)

Carl L. SWAFFORD, Individually, and as Personal Representative of the Estate of Velda Swafford, Plaintiff, v. Jack WORTMAN, M.D., Defendant.

United States District Court, D. Kansas.

April 23, 1998.

Attorney(s) appearing for the Case

Gerard C. Scott, Prochaska & Scott, Wichita, KS, Les Weisbrod, Margaret Henning, Morgan & Weisbrod, Dallas, TX, for Plaintiff.

Michael R. O'Neal, Tara L. Bragg, Gilliland & Hayes, P.A., Hutchinson, KS, Randy J. Troutt, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS, for Defendants.

MEMORANDUM AND ORDER

MARTEN, District Judge.

This is a medical malpractice action brought under Kansas law. The matter is before the court on defendant's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Doc. 108). Defendant contends the plaintiff's claims are barred by the applicable statute of limitations. The court has reviewed the parties' submissions and the applicable law and is prepared to rule.

As an initial matter...

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