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SCHUM v. BAILEY

No. 74 Civ. 4354.

398 F.Supp. 164 (1975)

Diana M. SCHUM, Plaintiff, v. Charles P. BAILEY, M. D., et al., Defendants.

United States District Court, S. D. New York.

July 20, 1975.

Attorney(s) appearing for the Case

Shedd, Moraites & Rathe, New York City, for plaintiff.

Anthony L. Schlavetti, New York City, for defendants Bailey & Hirose.

Smith, Griffin & Scully, New York City, for defendant St. Barnabas Hospital.

MEMORANDUM AND ORDER

OWEN, District Judge.

Defendants Charles P. Bailey, M. D. and Teruo Hirose, M. D., move for an order pursuant to Rule 12(b) Fed.R. Civ.P., dismissing the plaintiff's complaint for failure to state a claim upon which relief can be granted. In the alternative, both defendants move pursuant to Rule 56(b) Fed.R.Civ.P. for summary judgment on the grounds that all causes of action alleged in the plaintiff's complaint are barred by the applicable...

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