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MOORE v. ORDER MINOR CONVENTUALS

Civ. No. 1721.

164 F.Supp. 711 (1958)

Terrell Morgan MOORE, by His Next Friend, Elizabeth Mears Moore, Plaintiff, v. ORDER MINOR CONVENTUALS, a Corporation (heretofore designated as Franciscan Order of Monks) and Father Jerome Dukette, Defendants.

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

September 4, 1958.

Attorney(s) appearing for the Case

Uzzell & DuMont, Harkins, Van Winkle, Walton & Buck, Asheville, N. C., for plaintiff.

Adams & Adams, Anthony Redmond, Francis J. Heazel, Asheville, N. C., for defendants.

WARLICK, District Judge.

This action was tried before the court and a jury at the July-August Special Term of the Asheville Division. It was originally instituted in the Superior Court of Buncombe County in the Western District of North Carolina and on the grounds of a diversity of citizenship was removed to this court. Section 1332, Title 28, U.S.C.

The action is laid in negligence and under proper allegations plaintiff seeks a recovery in the sum of $300...

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