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DARDEN v. HECK'S, INC.

Civ. A. No. 78-195(R).

459 F.Supp. 727 (1978)

Kenneth A. DARDEN et al., Plaintiffs, v. HECK'S, INC., and Paul Tennant, Defendants. BAKER & COOMBS, INC., Defendant and Third Party Plaintiff, v. BOONE & WALSH, INCORPORATED, Third Party Defendant.

United States District Court, W. D. Virginia, Roanoke Division.

October 17, 1978.

Attorney(s) appearing for the Case

Edwin C. Stone, Davis & Stone, Radford, Va., for plaintiffs.

S. D. Roberts Moore, Gentry, Locke, Rakes & Moore, Roanoke, Va., for defendant and third-party plaintiff Baker & Coombs, Inc.

Lewis Booker, Hunton & Williams, Richmond, Va., for defendant Tennant.

William B. Poff, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for defendant Heck's, Inc.

Carr L. Kinder, Jr., Bird, Kinder & Huffman, Roanoke, Va., for third-party defendant Boone & Walsh, Inc.

MEMORANDUM OPINION and ORDER

DALTON, District Judge.

Defendant Paul Tennant has moved to dismiss plaintiffs' complaint against him on two grounds, lack of jurisdiction over his person and failure to state a claim upon which relief can be granted. This case arises from the collapse during last winter's snow and ice storms of the roof of the Heck's Department Store just north of Radford, Virginia. Plaintiffs, owners of the land on which the store is located...

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