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WILLIAMS v. BIRKENESS

No. 93-3630.

34 F.3d 695 (1994)

James A. WILLIAMS; Rita R. Williams, Appellants, v. Don A. BIRKENESS; Birkeness Chiropractic Clinic; Harry Lounce; Spelman-St. Luke's Hospital; Socorro S. Lampa, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 8, 1994.

Rehearing Denied October 4, 1994.

Attorney(s) appearing for the Case

Timothy Bosler, Kansas City, MO, argued, for appellant.

William E. Quirk, Kansas City, MO, argued (Qilliam E. Quirk, Kirk J. Goza and Michael D. Moeller, on the brief), for appellee Lounce.

David Erickson, Overland Park, KS, argued, for Spelman-St. Luke's Hosp. and Socorro S. Lampa. (Peter S. Obetz, on the brief, for appellee Spelman-St. Luke's Hosp.), for appellees.

Walter Simpson, Kansas City, MO, argued, for Don A. Birkeness and Birkeness Chiropractic Clinic (James G. Lindquist on the brief, for Birkeness) for appellees.

Before FAGG, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

FAGG, Circuit Judge.

Complaining of aches between his shoulders and tightness in his throat, James A. Williams consulted chiropractor Don A. Birkeness. Dr. Birkeness treated Williams's back pain with chiropractic manipulation. After several treatments, Williams's pain worsened and he experienced nausea, which Dr. Birkeness attributed to the back pain. When his pain became more severe and spread to his chest, Williams went to the emergency room at Spelman-St. Luke...

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