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BROWN v. SHUPE

Civ. A. 85-375-N.

629 F.Supp. 760 (1985)

Emory Worth BROWN, Jr., Plaintiff, v. Robert D. SHUPE, Defendant and Third Party Plaintiff, v. CBS, INC., a/k/a The Columbia Broadcasting System, a foreign corporation, Third Party Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

July 17, 1985.

Attorney(s) appearing for the Case

Emory Worth Brown, Jr. pro se.

James A. Metcalfe, Asst. U.S. Atty., Norfolk, Va., Thomas E. Albro, Smith, Taggart, Gibson & Albro, Charlottesville, Va., for defendants.

ORDER

CLARKE, District Judge.

This matter comes before the Court on the defendants' motion to dismiss or in the alternative for summary judgment. This matter has been briefed by both parties. Oral argument was scheduled on July 18, 1985; the plaintiff, however, failed to appear. Accordingly, the Court will rule on the motion based upon the arguments set forth in the briefs and pleadings.

The defendant has offered six separate grounds in support of...

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