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HOUK v. FURMAN

Civ. No. 82-0202-B.

613 F.Supp. 1022 (1985)

Rudolph J. HOUK, Plaintiff, v. Robert S. FURMAN, et al., Defendants.

United States District Court, D. Maine.

July 18, 1985.

Attorney(s) appearing for the Case

Anthony M. Ambriano, Robert V. Johnson II, Concord, N.H., Robert C. Treworgy, Bangor, Me., for plaintiff.

Michael D. Seitzinger, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Augusta, Me., for defendants.

MEMORANDUM DECISION AND ORDER

CYR, Chief Judge.

This diversity malpractice action was filed on October 8, 1982, alleging negligence by the defendant-physician in treating plaintiff "on or about October 11, 1980." Defendants have moved to dismiss the complaint on the basis of plaintiff's failure to timely serve a 90-day pre-filing notice on defendants as required by 24 M.R.S.A. § 2903. Since the parties...

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