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SIMMONS v. U.S.

No. 04-14180 Non-Argument Calendar.

421 F.3d 1199 (2005)

Sharon SIMMONS, administrator of the estate of Trina Elliott, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Haiba Sonyika, M.D., Myrtle Kai, R.N., CFNP, Southside Healthcare, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 24, 2005.

Attorney(s) appearing for the Case

Stanley J. Heller, Cirignani, Heller, Harman & Lynch, LLP, Chicago, IL, for Simmons.

Amy Levin Weil, Robert David Powell, Atlanta, GA, Douglas W. Smith, Carlock, Copeland, Semler & Stair, LLP, Jason P. Wright, Holland & Knight, LLP, Atlanta, GA, for Defendants-Appellees.

Before BIRCH, BARKETT and FAY, Circuit Judges.

PER CURIAM:

In this medical malpractice case we were faced with interpreting several Georgia statutes and specifically whether or not O.C.G.A. § 9-3-71(b) (Georgia's five year statute of repose for medical malpractice actions) is extended by O.C.G.A. § 9-3-92 (Georgia's unrepresented estate statute). The district court held that the statute of repose was not extended and dismissed the action. Being uncertain of the correct relationship between the two statutes...

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