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MILON v. DUKE UNIVERSITY

No. COA00-1246.

551 S.E.2d 561 (2001)

James Dewey MILON and Rosa P. Milon, Plaintiffs, v. DUKE UNIVERSITY; Duke University Health System, Inc.; Private Diagnostic Clinic, LLP; Private Diagnostic Clinic, PLLC; David F. Paulson, M.D.; Peter S.A. Glass, M.D.; and Mary Crodelle, CRNA, Defendants.

Court of Appeals of North Carolina.

August 21, 2001.

Attorney(s) appearing for the Case

Bugg, Wolf & Wilkerson, P.A., by John E. Bugg; and Miller & Martin, LLP, by Gayle Malone, Jr., Durham, for plaintiffs-appellees.

Fulbright & Jaworski L.L.P., by John M. Simpson and Karen M. Moran, Washington, DC; and Moore & Van Allen, PLLC, by Charles R. Holton, Durham, for defendants-appellants Duke University, Duke University Health System, Inc., Private Diagnostic Clinic, LLP, Private Diagnostic Clinic, PLLC, Peter S.A. Glass, M.D., and Mary Crodelle, CRNA.

Patterson, Dilthey, Clay, & Bryson, by Mark E. Anderson, Raleigh, for defendant-appellant David F. Paulson, M.D.

WALKER, Judge.

This action involves a dispute over defendants' right to compel arbitration in a medical malpractice case. From 3 April 1995 through 24 March 2000, plaintiff James Dewey Milon, was treated regularly by Dr. Warren A. Blackburn at Franklin Family Medicine (Franklin) in Louisburg, North Carolina. On 1 May 1998, the Private Diagnostic Clinic, LLP and the Private Diagnostic Clinic, PLLC (collectively PDC), purchased the Franklin practice and Dr. Blackburn...

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