OPINION
FRYE, Judge:
The matters before the court are the motions (# 15) of defendant Harney County, Oregon pursuant to Federal Rule of Civil Procedure 12 for:
1) an order dismissing the amended complaint of plaintiff, Chester O. Draper, Personal Representative of the Estate of Ilene Draper, (the Estate), for failure to state a claim; and
2) an order striking the language in paragraph 2 of the amended complaint "In the operation of that hospital...
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