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FROCKT v. GOODLOE

No. C-C-86-344-P.

670 F.Supp. 163 (1987)

Marvin J. FROCKT, Plaintiff, v. Max H. GOODLOE, Jr., Max H. Goodloe, Carl S. Albis, Sr., Carl S. Albis, Jr., Carl S. Albis, Jr., d/b/a A.G.A. Group, a Virginia General Partnership d/b/a the Comfort Inn of Dunn, North Carolina, Defendants.

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

September 21, 1987.

Attorney(s) appearing for the Case

Gary S. Hemric, J. Mitchell Aberman, Mark T. Calloway, James, McElroy & Diehl, P.A., Charlotte, N.C., for plaintiff.

Robert C. Bode, Bode & Dickinson, Richmond, Va., Thomas L. Nesbit, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., for defendants.

MEMORANDUM OF DECISION

ROBERT D. POTTER, Chief Judge.

THIS MATTER came on to be heard before this Court on August 31, 1987, on Defendants' Motions for summary judgment and for partial summary judgment. The undisputed facts are that Plaintiff, a traveling jewelry salesman, checked into a Comfort Inn ("Inn") owned by a partnership of which Defendants are all of the general partners. Plaintiff had in his possession a jewelry sample case which had the appearance...

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