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WHITTLESEY v. COLE

No. 97-5090.

142 F.3d 340 (1998)

Catherine WHITTLESEY, deceased, and Stephen E. Whittlesey, Sr., Plaintiffs-Appellants, v. Frederick L. COLE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 17, 1998.

Attorney(s) appearing for the Case

George P. Bailey (argued and briefed), Memphis, TN, for Plaintiffs-Appellants.

Gary K. Smith (argued and briefed), G. Edward Coleman, III (briefed), Shuttleworth, Smith, Williams, Sabbatini & Harper, Memphis, TN, for Defendant-Appellee.

Before: KENNEDY and SILER, Circuit Judges; COHN, District Judge.

OPINION

KENNEDY, Circuit Judge.

Plaintiffs, Catherine Whittlesey, deceased, and Stephen E. Whittlesey, Sr., appeal from the District Court's order granting summary judgment on behalf of the Defendant, Frederick L. Cole, M.D., on the basis that plaintiffs' claims were barred by the statute of limitations. In this appeal, we are asked to determine whether Tennessee's statute of limitations for medical malpractice is tolled until a plaintiff discovers the independent...

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