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WARDRIP v. HART

No. 94-1058-JTM.

28 F.Supp.2d 1213 (1998)

Barbara WARDRIP, Plaintiff, v. Dillis L. HART, M.D., Defendant, v. Continental Insurance Company, Garnishee.

United States District Court, D. Kansas.

November 3, 1998.

Attorney(s) appearing for the Case

Dan E. Turner, Turner & Turner Law firm, Topeka, KS, for Plaintiff.

John L. Carmichael, Wilson, Lee & Gurney, Wichita, KS, Randall H. Elam, Wichita, KS, for Defendant.

Jay F. Fowler, Stephen M. Kerwick, Foulston & Siefkin L.L.P., Wichita, KS, for Garnishee.

ORDER

MARTEN, District Judge.

The court has at hand Continental Insurance Company's motion to dismiss this post-judgment garnishment action for failure to state a claim under Fed.R.Civ.P. 12(b)(6) and Wardrip's motion to compel production of documents. The parties have briefed both motions.

The garnishment action currently before the court arises from Wardrip's medical malpractice lawsuit against Dr. Dillis Hart. In that underlying action...

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