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PETERS v. McCALLA

Civ. A. No. 77-919.

461 F.Supp. 14 (1978)

Phillip E. PETERS, Jr. b/n/f Phillip E. Peters, Sr., and Phillip E. Peters, Sr., Individually, Plaintiffs, v. Sam W. McCALLA, M. D. and Greenville Hospital System, Defendants.

United States District Court, D. South Carolina, Greenville Division.

January 17, 1978.

Attorney(s) appearing for the Case

Robert M. Ariail, Greenville, S. C., Paul M. Hawkins, A. Timothy Jones, Andrew M. Scherffius, III, Atlanta, Ga., for plaintiffs.

W. Francis Marion, G. Dewey Oxner, Jr., Greenville, S. C., for defendants.

ORDER

CHAPMAN, District Judge.

This matter is before the Court on the motion of defendant, Greenville Hospital System (GHS), to dismiss plaintiffs' complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, upon the ground that the complaint fails to state a claim upon which relief can be granted, because defendant GHS is immune from suit under the charitable immunity doctrine.

The complaint was filed on May 16, 1977, alleging...

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