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LOWRY v. DUKE UNIVERSITY MEDICAL CENTER

No. 9116SC981.

425 S.E.2d 739 (1993)

Virgil LOWRY, Plaintiff, v. DUKE UNIVERSITY MEDICAL CENTER, Stephen Port, M.D., Norman A. Silverman, M.D., Defendants.

Court of Appeals of North Carolina.

February 16, 1993.

Attorney(s) appearing for the Case

Newsom, Graham, Hedrick, Bryson & Kennon by Lewis A. Cheek and Mark E. Anderson, Durham, for defendants-appellants.

Russ, Worth, Cheatwood & Guthrie by Rodney A. Guthrie, Fayetteville, for plaintiff-appellee.

JOHNSON, Judge.

This action was initially filed by plaintiff, Virgil Lowry, on 27 March 1986, in Robeson County Superior Court. The action was voluntarily dismissed without prejudice pursuant to Rule 41 of the North Carolina Rules of Civil Procedure on 19 October 1987. North Carolina General Statutes § 1A-1, Rule 41 (1990). Plaintiff refiled the action on 18 October 1988, alleging that defendants, Duke University Medical Center, Stephen Port, M.D., and Norman...

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