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HUSS v. GAYDEN

No. 04-60962.

465 F.3d 201 (2006)

Barbara HUSS; Rodney Huss, Plaintiffs-Appellees, v. John Overton GAYDEN, M.D.; Memphis Obstetrics and Gynecological Association PC, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 15, 2006.

Attorney(s) appearing for the Case

Ralph E. Chapman, Jane Horne Myers Virden (argued), Chapman, Lewis & Swan, Madison, MS, John H. Daniels, III, Dyer, Dyer, Jones & Daniels, Greenville, MS, for Plaintiffs-Appellees.

Mark Priestly Caraway (argued), Meta S. Copeland, Wise, Carter, Child & Caraway, Jackson, MS, for Defendants-Appellants.

Before HIGGINBOTHAM, DeMOSS and OWEN, Circuit Judges.

OWEN, Circuit Judge:

In this medical malpractice case, we conclude that the applicable Mississippi statute of limitations, MISS.CODE ANN. § 15-1-36, bars the claims at issue. We accordingly reverse the district court's judgment and render judgment that the plaintiffs take nothing.

I

Barbara Huss became Dr. Andrea Giddens's patient at Memphis Obstetrics and Gynecological Association PC (Memphis OB/GYN) on February 17, 1998. At that time, Huss...

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