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MOORE v. PITT COUNTY MEMORIAL HOSP.

No. 4:00-CV-148-H(3).

139 F.Supp.2d 712 (2001)

Adriann MOORE, Plaintiff, v. PITT COUNTY MEMORIAL HOSPITAL and The National Red Cross, Defendants.

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

February 22, 2001.

Attorney(s) appearing for the Case

W. Dudley Whitley, III, Battle, Winslow, Scott & Wiley, Rocky Mount, NC, W. Darrell Whitley, Denton, NC, for plaintiffs.

C. David Creech, Harris, Shields & Creech, New Bern, NC, Walter G. Merritt, Harris, Shields, Creech & Ward, New Bern, NC, Bradley M. Risinger, Smith, Helms, Mulliss & Moore, Raleigh, NC, for defendants.

ORDER

MALCOLM J. HOWARD, District Judge.

This case is before the court on Pitt County Memorial Hospital's Motion to Dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to file a medical affidavit under Rule 9(j) of the North Carolina Rules of Civil Procedure. The parties have submitted briefs in support of their positions. This matter is ripe for adjudication.

STATEMENT...

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