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SCHILLING v. RUTHERFORD PEDIATRICS, P.A.

No. CIV. 1:03CV152.

346 F.Supp.2d 828 (2004)

Anna V. SCHILLING, Plaintiff, v. RUTHERFORD PEDIATRICS, P.A., a North Carolina Professional Association; Willis Archer; Anita H. Powell; Gregory B. Goode; and Cynthia A. Panowicz, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

December 2, 2004.

Attorney(s) appearing for the Case

Shannon M. Lovins, Dungan & Mitchell, P.A., Asheville, NC, for plaintiff.

John C. Cloninger, Cloninger, Lindsay, Hensley, Searson & Arcuri, Asheville, NC, for defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and for summary judgment pursuant to Rule 56, both of which are opposed by the Plaintiff. For the reasons stated herein, the Defendants' motion for summary judgment is granted and this action is dismissed.

I. STANDARD OF REVIEW

Defendants move to dismiss...

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