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COX v. CABELL HUNTINGTON HOSPITAL, INC.

Civil Action No. 3:11-0843.

863 F.Supp.2d 568 (2012)

Carl B. COX, Plaintiff, v. CABELL HUNTINGTON HOSPITAL, INC., a West Virginia corporation, d/b/a Cabell Huntington Hospital, Defendant.

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

March 2, 2012.

Attorney(s) appearing for the Case

Barry L. Bruce , Barry L. Bruce & Associates, Lewisburg, WV, for Plaintiff.

David D. Amsbary , Rebecca Craycraft Brown , Thomas L. Craig , Molly K. Frick , Bailes Craig & Yon, Huntington, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending is Defendant Cabell Huntington Hospital ("CHH")'s Motion to Dismiss (ECF No. 8). For the following reasons, the Court DENIES the motion.

I. Background

On November 2, 2011, Plaintiff Carl B. Cox filed a claim in this Court under the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd et seq. Cox alleges that on November...

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