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RUTLEDGE v. HIGH POINT REGIONAL HEALTH SYSTEM

Civil Action No. 1:07cv00539.

558 F.Supp.2d 611 (2008)

Robert RUTLEDGE, M.D., Plaintiff, v. HIGH POINT REGIONAL HEALTH SYSTEM, James Dasher, M.D., and Thomas Walsh, M.D., Defendants.

United States District Court, M.D. North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Brandon S. Neuman, John E. Branch, III, Shanahan Law Group, Raleigh, NC, Raleigh, NC, for Plaintiff.

Stephen D. Martin, David Alden Harlow, Reed J. Hollander, Nelson Mullins Riley & Scarborough, L.L.P., James Dasher MD, George L. Simpson, IV, William W. Pollock, George L. Simpson, IV, Cranfill Sumner & Hartzog, LLP, Raleigh, NC, for Defendants.

MEMORANDUM OPINION AND ORDER

SCHROEDER, District Judge.

This action is before the court on Defendants' respective motions to dismiss (Docs. 17 & 20), pursuant to Rule 12(b)(6), Fed. R.Civ.P. The sole basis of the motions is that Count II of Plaintiffs Amended Complaint, alleging a claim under the North Carolina Unfair and Deceptive Trade Practices Act ("UDTPA"), N.C. Gen.Stat. § 75-1.1 (2007),1 is preempted by the Copyright...

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