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BENDLIN v. VIRGINIA ELEC. & POWER CO.

No. 77-0084-A-5.

449 F.Supp. 934 (1978)

Kathleen Metcalfe BENDLIN, Administratrix for the Estate of Alan Lefon Metcalfe, Deceased, Plaintiff, v. VIRGINIA ELECTRIC AND POWER COMPANY and John P. Nelson, d/b/a American Heritage Campground, Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

April 24, 1978.

Attorney(s) appearing for the Case

W. Timothy Haithcock, Barnes, Braswell & Haithcock, Goldsboro, N. C., for plaintiff.

Odes L. Stroupe, Jr., Joyner & Howison, Raleigh, N. C., for defendant VEPCO.

J. Brian Scott, Battle, Winslow, Scott & Wiley, Rocky Mount, N. C., for defendant Nelson.

MEMORANDUM OF DECISION

DUPREE, District Judge.

On the afternoon of April 13, 1975, Alan L. Metcalfe, a Captain in the United States Air Force, was sailing a small pleasure boat on Lake Gaston, a navigable body of water located in Warren County, North Carolina, when the top of the mast of the sailboat came in contact with a high voltage electric transmission line of Virginia Electric and Power Company (VEPCO) suspended over a portion of the lake resulting...

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