Michal K. Garland v. Samuel W. Peebles, M.D.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
WOLLMAN, Circuit Judge.
Michal Kay Garland appeals from the district court’s 1 dismissal under Federal Rule of Civil Procedure 41(b) of her medical malpractice suit against Samuel W. Peebles, M.D., for failure to prosecute. We affirm.
I
Garland, represented by Charles Hicks and Charla Tindall, filed this diversity action on March 21, 1991, alleging that Dr. Peebles had negligently failed to diagnose and treat her breast cancer. Garland’s complaint stated that she visited Dr. Peebles in Nashville, Arkansas, for a routine gynecological and breast examination in October 1985. At that time, Dr.…
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