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VIRMANI v. NOVANT HEALTH INC.

No. 00-2423

259 F.3d 284 (2001)

Ashutosh Ron Virmani, Md, Plaintiff-Appellee, v. Novant Health Incorporated, formerly known as Presbyterian Health Services Corporation, Defendant-Appellant. North Carolina Medical Society; North Carolina Hospital Association; American Medical Association; American Hospital Association; American Association of Physicians of Indian Origin; American College of International Physicians; National Medical Association; Charlotte Medical Society; North Carolina Association of Physicians of Indian Origin; Old North State Medical Society, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2001

Attorney(s) appearing for the Case

ARGUED: Lawrence Carlton Moore, III, ROBINSON, BRADSHAW & HINSON, P.A., Charlotte, North Carolina, for Appellant.

James Clayton Culotta, LAW OFFICE OF KENNETH JOEL HABER, P.C., Rockville, Maryland, for Appellee.

ON BRIEF: Everett J. Bowman, Louis A. Bledsoe, III, ROBINSON, BRADSHAW & HINSON, P.A., Charlotte, North Carolina, for Appellant.

Kenneth J. Haber, Charles E. Hamilton, III, LAW OFFICE OF KENNETH JOEL HABER, P.C., Rockville, Maryland, for Appellee.

Julian D. Bobbitt, Jr., Sean A. Timmons, SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P., Raleigh, North Carolina, for Amici Curiae Medical Society, et al. Normand F. Pizza, Carin A. Kramer, MILLING, BENSON, WOODWARD, L.L.P., New Orleans, Louisiana, for Amici Curiae Association of Physicians, et al.

Before WIDENER and LUTTIG, Circuit Judges, and Rebecca Beach SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge SMITH wrote the opinion, in which Judge WIDENER and Judge LUTTIG joined.

OPINION

SMITH, District Judge:

Novant Health, Incorporated ("Novant") appeals an order of the district court denying its motion for protective order and granting in part Dr. Ashutosh Ron Virmani's motion to compel records related to medical peer reviews. Novant argues that the documents Virmani seeks to discover are privileged. Because we...

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