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VICKERS v. NASH GENERAL HOSP., INC.

No. 5:94-CV-396-BO(2).

875 F.Supp. 313 (1995)

Franklin D. VICKERS, Executor of the Estate of Martin Wade Vickers, Plaintiff, v. NASH GENERAL HOSPITAL, INC., and James R. Hughes, M.D., Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

February 2, 1995.

Attorney(s) appearing for the Case

William H. Elam, Wishart, Norris, Henninger & Pittman, Charlotte, NC, for plaintiff.

Alene M. Mercer, David Dockery Ward, Kari Lynn Russwurm, Cranfill, Sumner & Hartzog, Raleigh, NC, for Nash General Hosp., Inc.

Samuel G. Thompson, Michael W. Mitchell, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, NC, for James R. Hughes, M.D.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the undersigned on motion of the defendants to dismiss, pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure. The plaintiff brings this action in federal court alleging violations of the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd. The plaintiff also includes supplemental state claims of medical malpractice. The defendants...

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