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NEWMARK v. PRINCIPI

Civil Action No.02-6799.

262 F.Supp.2d 509 (2003)

Arthur NEWMARK, M.D., Plaintiff, v. Anthony PRINCIPI, Secretary, United States Department of Veterans Affairs; The Philadelphia Veterans Affairs Center; Michael Sullivan, Director of the Veterans Affairs Medical Center of Philadelphia; John Murphy, Director of Primary Care; Michael Berkwits, Director of the Emergency Room; Karen Sharrar, Director of the Emergency Room; John Doe Nos. 1-5; Fordell Physician Services, Inc. and Michael Beers, President, Fordell Physician Services, Inc., Defendants.

United States District Court, E.D. Pennsylvania.

May 15, 2003.

Attorney(s) appearing for the Case

Alice W. Ballard, Law Office of Alice W. Ballard, PC, Philadelphia, PA, for Plaintiff.

Susan Dein Bricklin, U.S. Attorney's Office, Michael D. Jones, Reed Smith LLP, Philadelphia, PA, for Defendants.

MEMORANDUM

DUBOIS, District Judge.

Presently before the Court is defendants' Motion to Dismiss Counts IV—VI of Plaintiffs Amended Complaint (Document No. 10, filed March 11, 2003), and the related submissions of the parties. For the reasons set forth below, defendants' Motion is granted.

I. BACKGROUND

Plaintiff, Arthur Newmark, M.D. ("Dr.Newmark"), began working for the Philadelphia Veterans Affairs Medical Center ("PVAMC...

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