UNITED STATES v. WELBORN

No. C-79-45-W.

495 F.Supp. 833 (1980)

UNITED STATES of America, Plaintiff, v. Ed WELBORN, Defendant.

United States District Court, M. D. North Carolina, Wilkesboro Division.

August 26, 1980.


Attorney(s) appearing for the Case

H. M. Michaux, Jr., U. S. Atty. and Benjamin H. White, Jr., Asst. U. S. Atty., Greensboro, N. C., for plaintiff.

John E. Hall and Michael Randy Lyon of McElwee, Hall, McElwee & Cannon, North Wilkesboro, N. C., for defendant.


MEMORANDUM OPINION AND ORDER

HIRAM H. WARD, District Judge.

This case is before the Court for rulings on the parties' cross-motions for summary judgment, Rule 56, Fed.R.Civ.P., and the plaintiff's motion to dismiss the defendant's counterclaim, Rule 12(b), Fed.R.Civ.P. For the reasons hereinafter stated, the plaintiff's summary judgment motion will be granted, the defendant's motion will be denied, and the counterclaim will be dismissed for lack of subject...

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