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SMITH v. HEALTHSOUTH REHABILITATION CENTER

No. 02-2306 BRE.

234 F.Supp.2d 812 (2002)

Bertha SMITH, Ressie Griffin, and Vickie Smith, Plaintiffs, v. HEALTHSOUTH REHABILITATION CENTER OF MEMPHIS, LTD., Defendant.

United States District Court, W.D. Tennessee, Western Division.

October 9, 2002.

Attorney(s) appearing for the Case

Peggy J. Lee, Lee Law Firm, Memphis, TN, for plaintiffs.

James M. Simpson, Allen, Scruggs, Sossaman, Thompson, Simpson & Lillie, Memphis, TN, Kelly D. Ludwick, Alycia K. Jastrebski, L. Traywick Duffie, Hunton & Williams, Atlanta, GA, for defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS CLAIMS OF PLAINTIFF VICKIE SMITH AND DISMISSING HER CLAIMS WITHOUT PREJUDICE

BREEN, United States Magistrate Judge.

Before the court is the motion of defendant, HealthSouth Rehabilitation Center of Memphis, Ltd. ("HealthSouth"), to dismiss the claims of plaintiff Vickie Smith pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Rule 12(b)(6) permits dismissal of a complaint upon "failure to state a...

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