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JOHNSON v. U.S.

No. Civ.A. 304-1240.

394 F.Supp.2d 854 (2005)

Thomas JOHNSON and Betty Johnson, Plaintiffs, v. UNITES STATES of America, Defendant.

United States District Court, S.D. West Virginia, Huntington Division.

May 4, 2005.

Attorney(s) appearing for the Case

Clyde L. Simmons, Jackson, KY, Timothy P. Rosinsky, Huntington, WV, for Plaintiffs.

U.S. Attorney, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Currently pending before the Court is Defendant United States of America's motion to dismiss pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. In their motion, Defendant argues that Plaintiffs Thomas and Betty Johnson failed to comply with West Virginia's Medical Professional Liability Act (MPLA), W. Va.Code § 55-7B-1 et seq.,1 and...

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