DRAPER v. CHIAPUZIO

Civ. No. 90-790-FR.

755 F.Supp. 331 (1991)

Chester O. DRAPER, Personal Representative of the Estate of Ilene Draper, Deceased, Plaintiff, v. Robert CHIAPUZIO, M.D. and Harney County, Oregon, a public body, Defendants.

United States District Court, D. Oregon.

January 28, 1991.


Attorney(s) appearing for the Case

Bernard Jolles, Jolles, Sokol & Bernstein, P.C., Portland, Or., for plaintiff.

Mark H. Wagner, Schwabe, Williamson & Wyatt, Portland, Or., for defendant Robert Chiapuzio, M.D.

Keith J. Bauer, Billy M. Sime, Parks, Bauer & Sime, Salem, Or., for defendant Harney County, Oregon.


OPINION

FRYE, Judge:

The matters before the court are the motions (# 15) of defendant Harney County, Oregon pursuant to Federal Rule of Civil Procedure 12 for:

1) an order dismissing the amended complaint of plaintiff, Chester O. Draper, Personal Representative of the Estate of Ilene Draper, (the Estate), for failure to state a claim; and

2) an order striking the language in paragraph 2 of the amended complaint "In the operation of that hospital...

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