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HICKS v. ARMSTRONG

No. 00-1687.

253 F.3d 1072 (2001)

Larry HICKS, brother of Jimmy Hicks, Deceased, Appellant, v. Sinclair W. ARMSTRONG, Jr., M.D., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 12, 2001.

Attorney(s) appearing for the Case

David L. Fausett, argued, Fayetteville, AR (Tom Bramhall and Brent Sterling, on the brief), for appellant.

Rebecca D. Hattabaugh, argued, Fort Smith, AR (J. Michael Cogbill, on the brief), for appellee.

Before BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges, and DOTY, District Judge.

BEAM, Circuit Judge.

Larry Hicks appeals a grant of summary judgment in favor of Dr. Armstrong based on the statute of limitations and argues that we should apply the continuous treatment doctrine to toll the statute until his last postoperative follow-up appointment. Because the continuous treatment doctrine is inapplicable to these facts, we affirm.

I. BACKGROUND

In reviewing the district court's2 grant of summary judgment...

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