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JACOB v. CURT

Civ. A. No. 89-0160 L.

721 F.Supp. 1536 (1989)

Margaret C. JACOB, Personal Representative of the Estate of San D. Jacob, Deceased, Plaintiff, v. Gregory CURT and the American Cancer Society, Defendants.

United States District Court, D. Rhode Island.

September 20, 1989.

Attorney(s) appearing for the Case

Michael Burns, Bigos, Burns & Partington, Pawtucket, R.I., Ferris F. Booth, Portland, Or., and Samuel A. Abady, New York City, for plaintiff.

Lincoln Almond, U.S. Atty. and Michael Iannotti, Asst. U.S. Atty., Providence, R.I., John Farley, III, Michael P. Milmoe, Gordon W. Daiger, Bolton, Farley, Daiger & Milmoe, Civ. Div., U.S. Dept. of Justice, Washington, D.C. and Atty. James Hahn, Providence, R.I., for defendants.

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

This case is before the Court on the motion of defendant, Gregory Curt to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), for the failure of plaintiff to state a claim upon which relief can be granted.

This matter involves a young boy, San Jacob, who contracted cancer. After the boy's unfortunate death in 1985, his mother, as the personal representative of San Jacob's estate, initiated a 42 U.S.C. § 1983...

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