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HENRY v. DEEN

No. 8220SC266.

300 S.E.2d 707 (1983)

Joe HENRY, Administrator of the Estate of Archie Lee Henry v. Floyd DEEN, Jr., M.D., Floyd Deen, Jr., M.D., P.A. Ann Hall and Abdul-Hakim Niazi-Sai, M.D.

Court of Appeals of North Carolina.

March 15, 1983.

Attorney(s) appearing for the Case

James, McElroy & Diehl by Gary S. Hemric, Charlotte, for plaintiff-appellant.

Charles V. Tompkins, Jr. and Fred B. Clayton, Charlotte, for defendants-appellees Floyd Deen, Jr., M.D., and Floyd Deen, Jr., M.D., P.A.

Golding, Crews, Meekins, Gordon & Gray by John G. Golding, Charlotte, for defendant-appellee Abdul-Hakim Niazi-Sai, M.D.

No counsel for defendant-appellee Ann Hall.

HEDRICK, Judge.

The plaintiff contends the trial court erred in (1) denying his motion to amend the complaint, (2) dismissing the complaint as it related to defendant Niazi, (3) dismissing the claim of civil conspiracy against defendants Deen and Hall and (4) granting defendants' motion to dismiss and strike from the complaint those paragraphs relating to punitive damages.

We first consider plaintiff's argument that his motion to amend the complaint on 30...

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