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GALLAGHER v. DUKE UNIVERSITY

No. C-84-535-D.

638 F.Supp. 979 (1986)

John Albert GALLAGHER and Kimberly Miriam Gallagher, individually and as natural guardians for Lisa Marie Gallagher, Plaintiffs, v. DUKE UNIVERSITY, the Private Diagnostic Clinic, and George H. Mickey, Ph.D., Defendants.

United States District Court, M.D. North Carolina, Durham Division.

June 30, 1986.

Attorney(s) appearing for the Case

Donald H. Beskind, Durham, N.C., and Neil R. Rosen, Pittsburgh, Pa., for plaintiffs.

Joel M. Craig, Timothy C. Barber, E.C. Bryson, Jr. and William Faison, Durham, N.C., Robert M. Clay and H. Lee Evans, Jr., Raleigh, N.C., for defendants.

MEMORANDUM OPINION AND ORDER

ERWIN, District Judge.

This matter is before the court on motions by two defendants for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and on motions to dismiss pursuant to Rule 12(b)(6) by all defendants. The parties have briefed all the issues, and argument was heard in Greensboro on May 22, 1986. The motions are now ready for a ruling.

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