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BASIC MACHINERY CO., INC. v. KETOM CONST., INC.

No. C-87-818-G.

686 F.Supp. 542 (1988)

BASIC MACHINERY CO., INC., Plaintiff, v. KETOM CONSTRUCTION, INC., Defendant, v. ELECO, INC., Third-Party Defendant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY and U.S.E.D., Inc., Additional Defendants.

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

June 29, 1988.

Attorney(s) appearing for the Case

Benjamin Spence Albright, Ramseur, N.C., J. Ed Stone, Siler City, N.C., for plaintiff.

Michael A. Bailey and H. Morris Caddell, Jr., Charlotte, N.C., for defendant.

MEMORANDUM OPINION

ERWIN, District Judge.

This matter is before the court upon a motion by additional defendant U.S.E.D., Inc. to dismiss the complaint of Basic Machinery Co., Inc. against it pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The parties have fully briefed the issue, and the matter is now ready for a ruling. The court denies defendant's motion to dismiss for lack of subject matter jurisdiction.

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