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HOWERTON v. GRACE HOSP., INC.

No. COA97-1348.

502 S.E.2d 659 (1998)

Philip T. HOWERTON, M.D., Ray M. Antley, M.D., and Blue Ridge Radiology Associates, P.A., Plaintiffs, v. GRACE HOSPITAL, INC. and Piedmont Medical Imaging, P.C., Defendants.

Court of Appeals of North Carolina.

July 21, 1998.

Attorney(s) appearing for the Case

Smith, Follin & James, L.L.P. by Norman B. Smith, Greensboro; and Wayne W. Martin, Morganton, for plaintiffs-appellees.

McDermott Will & Emery by James H. Sneed, Washington, DC; and Patton Starnes Thompson Aycock Teele & Ballew PA, by Thomas M. Starnes, Morganton, for defendant-appellant Grace Hospital, Inc.

Tate, Young, Morphis, Bach & Taylor, L.L.P. by Thomas C. Morphis and Paul E. Culpepper, Hickory, for defendant-appellant Piedmont Medical Imaging, P.C.

GREENE, Judge.

Grace Hospital, Inc. (Grace) and Piedmont Medical Imaging, P.C. (P.M.I.) (collectively, Defendants) appeal from the denial of their motions for summary judgment based on claim preclusion (res judicata). Grace additionally appeals from the denial of its motion for summary judgment based on issue preclusion (collateral estoppel).1

On 1 October 1990, Dr. Ray Antley, Dr. Philip Howerton, and Blue Ridge Radiology, P.A...

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