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VANDALL v. TRINITY HOSPITALS

No. 20030255.

676 N.W.2d 88 (2004)

2004 ND 47

Michael T. VANDALL, M.D., Plaintiff and Appellant v. TRINITY HOSPITALS, a corporation, and Margaret C. Nordell, M.D., Defendants and Appellees.

Supreme Court of North Dakota.

February 27, 2004.

Attorney(s) appearing for the Case

Craig R. Campbell, Gunhus, Grinnell, Klinger, Swenson & Guy, Ltd., Moorhead, MN, for plaintiff and appellant.

James B. Lynch (argued), Dorsey & Whitney, Minneapolis, MN, David J. Hogue (on brief), Pringle & Herigstad, P.C., Minot, N.D., for defendant and appellee Trinity Hospitals.

Tracy L. Vigness Kolb (argued) and Lance D. Schreiner (appeared), Zuger Kirmis & Smith, Bismarck, N.D., for defendant and appellee Margaret C. Nordell, M.D.

VANDE WALLE, Chief Justice.

[¶ 1] Michael T. Vandall, M.D., appealed from a judgment dismissing his action against Trinity Hospitals ("Trinity") and Margaret C. Nordell, M.D. for failure to state a claim upon which relief could be granted, and awarding Trinity $24,740.63 in attorneys' fees. We hold Vandall's complaint fails to state a claim upon which relief can be granted, and the trial court abused its discretion in awarding Trinity attorneys' fees. We affirm...

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