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BRASWELL v. HAYWOOD REGIONAL MEDICAL CENTER

No. CIV. 1:04CV92.

352 F.Supp.2d 639 (2005)

W. Kelley BRASWELL, M.D., Plaintiff, v. HAYWOOD REGIONAL MEDICAL CENTER; Harry Lipham, M.D.; Eric Reitz, M.D.; Debera Huderly, M.D.; Luis Munoz, M.D.; David Peterson, M.D.; Christopher Wenzel, M.D.; and Richard Steele, M.D., Defendants.

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

January 14, 2005.

Attorney(s) appearing for the Case

John B. Meuser, Deborah N. Meyer, Allison E. Serafin, Meyer & Meuser, P.A., Raleigh, NC, for Plaintiff.

Allan R. Tarleton, Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, NC, for Defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on Defendants' motion to dismiss. For the reasons stated below, the motion is allowed in part and denied in part.

I. STANDARD OF REVIEW

A motion to dismiss under Rule 12(b)(6) "should not be granted unless it appears certain that the plaintiff can prove no set of facts which would support [his] claim and would entitle [him] to relief."

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