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DRAKE v. LABORATORY CORP. OF AMERICA HOLDINGS

No. 02-CV-1924 FB RML.

290 F.Supp.2d 352 (2003)

Richard W. DRAKE, Plaintiff, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, Kevin Wilson, Northwest Toxicology, Inc., David J. Kuntz, Elsohly Laboratories, Inc., Dr. William H. Whaley, and West Paces Ferry Medical Clinic, Defendants.

United States District Court, E.D. New York.

November 18, 2003.

Attorney(s) appearing for the Case

Sam O. Maduegbuna, Esq., Maduegbuna Cooper, LLP, New York, NY, for Plaintiff.

Demetrios C. Batsides, Esq., Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., New York, NY, for Defendants Laboratory Corporation of America Holdings and Kevin Wilson.

Jeffrey Hurd, Esq., Phelan, Burke & Scolamiero, LLP, Albany, NY, for Defendants Northwest Toxicology, Inc. and David J Kuntz.

Sean P. Callahan, Esq., Devitt, Spellman Barrett, Callahan & Kenney, LLP, Smithtown, NY, for Defendant ElSohly Laboratories, Inc.

Ira Rosenstein, Esq., Orrick, Herrington & Sutcliffe LLP, New York, NY, for Defendant William H. Whaley.

MEMORANDUM AND ORDER

BLOCK, District Judge.

Seeking compensatory and punitive damages, plaintiff Richard W. Drake ("Drake") brings this action pursuant to 42 U.S.C. § 1983 based on alleged violations of his Fourth and Fourteenth Amendment rights. He also asserts several state common law tort claims. Pursuant to Federal Rule of Civil Procedure 12(b)(6), defendants separately move to dismiss the federal claims for failure to state a claim, and...

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