EPPS v. DUKE UNIVERSITY, INC.

No. 9314SC971.

447 S.E.2d 444 (1994)

Hamlet EPPS, Robert Epps, Mary Montgomery, Jennifer Daniel, and Hazel Gadson, Plaintiffs, v. DUKE UNIVERSITY, INC., A North Carolina Corporation, Private Disgnostic [sic] Clinic, a North Carolina Partnership, et al., Defendants.

Court of Appeals of North Carolina.

September 6, 1994.


Attorney(s) appearing for the Case

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A. by Adam Stein, Chapel Hill, for plaintiffs-appellees.

Atty. Gen. Michael F. Easley by Sp. Deputy Atty. Gen. Mabel Y. Bullock, Raleigh, for defendant-appellant Russell Hjelmstad, M.D.

Newsom, Graham, Hedrick, Kennon & Cheek, P.A. by Lewis A. Cheek and Joel M. Craig, Durham, for defendants-appellants Duke University, Inc., Private Diagnostic Clinic, John Peter Longabaugh, M.D., Nathan Pulkingham, M.D., Michael Wilson, M.D. and Kathryn Lane, M.D.


LEWIS, Judge.

All defendants attempted to appeal from the trial court's denial of defendant Hjelmstad's motion to dismiss. On 3 November 1993 this Court dismissed the appeal of all defendants except Russell Hjelmstad (hereinafter "Hjelmstad").

On appeal, Hjelmstad asserts that (1) the trial court erred in entering an order which went beyond the permissible scope of a ruling on a motion to dismiss, and (2) the court erred in denying the motion to dismiss, because...

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