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HOYLE v. SOUTHERN BELL TEL. & TEL. CO.

No. SH-C-79-31.

474 F.Supp. 1350 (1979)

Ann E. HOYLE, Executrix of the Estate of Harriet Evans, Deceased, Plaintiff, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Defendant.

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

August 21, 1979.

Attorney(s) appearing for the Case

Fred A. Flowers, Shelby, N. C., for plaintiffs.

James M. Bowen, Rutherfordton, N. C., R. Frost Branon, Jr., Charlotte, N. C., for defendant.

MEMORANDUM OF DECISION

WOODROW WILSON JONES, Chief Judge.

The Plaintiff initiated her lawsuit in the Superior Court of the State of North Carolina. Defendant removed it to this Court on the basis of diversity of citizenship. Presently the action is before the Court upon the Defendant's motions to dismiss and for summary judgment pursuant to Rules 12(b)(1) and 56, Federal Rules of Civil Procedure (FRCP). A hearing was conducted on the motions on July 23,...

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