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BRUBAKER v. CAVANAUGH

Civ. A. No. 80-2408.

542 F.Supp. 944 (1982)

Donal M. BRUBAKER, individually, as parent and next friend of Brian Michael Brubaker, a minor, and as Administrator of the Estate of Shirley Brubaker, deceased, Plaintiff, v. John CAVANAUGH, M.D., Defendant.

United States District Court, D. Kansas.

July 14, 1982.

Attorney(s) appearing for the Case

Jerry R. Palmer, Jerry R. Palmer, P. A., Topeka, Kan., for plaintiff.

Gary D. McCallister, Charles L. Davis, Jr., Davis, Unrein & Hummer, Topeka, Kan., Wallace, Saunders, Austin, Brown & Enochs, Overland Park, Kan., for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter comes before the Court upon defendant's motion for summary judgment. This is an action based upon negligence, fraud, wrongful death, wrongful birth and wrongful life. Plaintiff in this action bases his cause of action upon the defendant physician's alleged failure to diagnose and treat Shirley Brubaker, and his alleged failure to advise and inform Shirley Brubaker that her father, Paul Studebaker...

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