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HOWERTON v. GRACE HOSP., INC.

No. COA95-1414.

476 S.E.2d 440 (1996)

Philip T. HOWERTON, M.D., Ray M. Antley, M.D., and Blue Ridge Radiology Associates, P.A., Plaintiffs, v. GRACE HOSPITAL, INC., and Piedmont Medical Imaging, P.C., Defendants.

Court of Appeals of North Carolina.

October 15, 1996.

Attorney(s) appearing for the Case

Law Offices of Robert N. Meals, P.L.L.C. by Robert N. Meals, Seattle, WA; and Wayne M. Martin, Morganton, for plaintiff appellees.

Tate, Young, Morphis, Bach & Taylor, Morganton by Thomas C. Morphis, Hickory; and Patton Starnes Thompson Aycock Teele & Ballew, P.A. by Thomas M. Starnes, Morganton, for defendant appellants.

SMITH, Judge.

On 1 October 1990, plaintiffs filed a complaint in U.S. District Court, Western District of North Carolina seeking injunctive and monetary relief from defendants on claims for alleged violations of the Sherman Antitrust Act, Due Process violations and state claims. On 26 January 1993, plaintiffs voluntarily dismissed the pendent state law claims without prejudice. On 25 February 1993, defendant Grace Hospital...

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