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FRANCK v. P'NG

No. COA02-405.

577 S.E.2d 141 (2003)

Cathy Schulkes FRANCK, Administratrix of the Estate of John E. Franck, Jr., Plaintiff, v. Choon Heong P'NG, M.D., House Call Physicians, P.A., Kathy W. Cook, RNCS, GNP, Integrated Health Services, Inc., IHS Acquisition No. 119, Inc., d/b/a/ IHS of Durham, Defendants.

Court of Appeals of North Carolina.

March 18, 2003.

Attorney(s) appearing for the Case

Smith Debnam Narron Wyche Story & Myers, L.L.P., by John W. Narron and Jeffrey R. Ellinger, Raleigh, for plaintiff-appellee.

Yates, McLamb & Weyher, L.L.P., by Michael C. Hurley and Monica Langdon Lee, Raleigh, for defendant-appellants.

MARTIN, Judge.

Plaintiff filed this action for wrongful death alleging the negligence of defendants proximately caused the death of her husband, John E. Franck, Jr. Defendants Integrated Health Services, Inc., and Acquisition No. 119, Inc., d/b/a IHS of Durham (IHS) answered and subsequently filed a Motion for Stay and Order Referring Action to Arbitration on grounds that the parties had executed a binding arbitration agreement. Plaintiff consented to arbitration...

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