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GATTIS v. CHAVEZ

Civ. A. No. 74-425.

413 F.Supp. 33 (1976)

Allen C. GATTIS, Plaintiff, v. Marcelino CHAVEZ, M. D., Defendant.

United States District Court, D. South Carolina, Spartanburg Division.

January 5, 1976.

Attorney(s) appearing for the Case

Ellis I. Kahn of Solomon, Solomon, Kahn & Roberts, Charleston, S. C., Robert E. Corry, Jr., of Dennis & Fain, Atlanta, Ga., for plaintiff.

G. Dewey Oxner, Jr., of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for defendant.

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

HEMPHILL, District Judge.

Defendant in this medical malpractice action has moved for summary judgment on the ground that the South Carolina statute of limitations1 bars recovery. The plaintiff, who admittedly failed to file his complaint within six years of either the alleged misdiagnosis or the date of his last treatment by the defendant, contends that the statute is not a bar...

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