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MULVIHILL v. JULIA L. BUTTERFIELD MEMORIAL HOSPITAL

No. 70 Civ. 5693.

329 F.Supp. 1020 (1971)

John MULVIHILL et al., Plaintiffs, v. JULIA L. BUTTERFIELD MEMORIAL HOSPITAL et al., Defendants.

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

May 5, 1971.

Attorney(s) appearing for the Case

Emile Z. Berman and A. Harold Frost, New York City, for plaintiffs.

Benjamin B. Hersh, Peekskill, N. Y., for defendant Julia L. Butterfield Memorial Hospital.

METZNER, District Judge:

Julia L. Butterfield Memorial Hospital and the individual defendants move pursuant to Rule 12(b) (6), Fed.R.Civ.P., to dismiss the complaint for failure to state a claim upon which relief can be granted.

The plaintiffs are two physicians duly licensed by the State of New York. The defendant hospital is a private, nonprofit hospital incorporated under the laws of New York and located in the Village of Cold Spring, New York. The individual...

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