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NAVIN v. BYRNE

Civ. A. No. 85-1113.

638 F.Supp. 263 (1986)

Elizabeth NAVIN f/k/a Elizabeth Francovich, Plaintiff, v. William E. BYRNE, III, M.D., Defendant.

United States District Court, M.D. Pennsylvania.

July 1, 1986.

Attorney(s) appearing for the Case

Robert B. Scarlett, Marr & Bennett, Baltimore, Md., Stephen C. Nudel, Harrisburg, Pa., for plaintiff.

S. Walter Foulkrod, III, Michael M. Badowski, Lee C. Swartz, Hepford, Swartz, Menaker & Morgan, Harrisburg, Pa., for defendant.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction and Background.

In this diversity action controlled by Pennsylvania law, defendant, William E. Byrne, III, M.D., has filed a motion for summary judgment pursuant to Fed.R. Civ.P. 56, contending that plaintiff, Elizabeth Navin's, medical malpractice action against him is barred by the statute of limitations. We review the motion under the well established standard set forth in Hersh...

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