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FLOOD v. HARDY

Civ. A. No. 92-38-CIV-2-BO.

868 F.Supp. 809 (1994)

Everette J. FLOOD, Administrator of the Estate of Andrew Lee Flood, Plaintiff, v. Winfred HARDY, Sheriff of Hertford County, in his official capacity and individually; Steve Carter, in his official capacity as Deputy Sheriff of Hertford County and individually; County of Hertford, North Carolina; Roanoke Chowan Hospital, Inc.; J.D. Weaver, M.D.; Roy D. Flood, M.D.; and Roanoke Chowan Medical Center, P.A., Defendants.

United States District Court, E.D. North Carolina, Elizabeth City Division.

November 21, 1994.

Attorney(s) appearing for the Case

C. Everett Thompson, II, Elizabeth City, NC, for plaintiff.

Allan R. Gitter, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, for Winfred Hardy, Steve Carter, and Hertford County.

Robert S. Shields, Jr., Harris, Shields & Creech, New Bern, NC, for Roanoke-Chowan Hospital, Inc.

Timothy C. Barber, Ward & Smith, Greenville, NC, for J.D. Weaver, M.D., Roy D. Flood, M.D., and Roanoke-Chowan Medical Center.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the undersigned on the motion of the defendants for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, and on the motion of defendants Hardy, Carter and Hertford County to strike the expert affidavit of James B. Merritt. Upon consideration of the written motions, and oral arguments heard on August 4, 1994, in Raleigh, N.C., the Court finds the following...

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