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SWAIN v. DUKE UNIVERSITY

No. 553P90.

407 S.E.2d 526 (1991)

Helen Marie SWAIN, Individually and as the Administratrix of the Estate of Terrell Santiel Swain, her deceased son, and Jesse Swain, III, individually v. DUKE UNIVERSITY; Howard C. Filston, M.D.; John F. Lucas, III, M.D.; the Private Diagnostic Clinic; and the Agents and Employees of Duke University responsible for the Care and Treatment of Terrell Santiel Swain during December, 1986.

Supreme Court of North Carolina.

June 12, 1991.

Attorney(s) appearing for the Case

John C. Martin, Durham, for defendant (Duke).

William S. Mills, Durham, for plaintiffs.

E.C. Bryson, Jr., Durham, for defendants (Clinic and Filston).

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Plaintiff; and upon consideration of the petition for certiorari, filed by Defendant, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal...

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