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SIMMS INV. CO. v. E.F. HUTTON & CO. INC.

Civ. A. No. C-87-643-WS.

699 F.Supp. 543 (1988)

SIMMS INVESTMENT COMPANY, a North Carolina Corporation, Plaintiff, v. E.F. HUTTON & COMPANY INC. a Delaware Corporation, and A.L. & E. Operating Company, an Oklahoma Corporation, Defendants.

United States District Court, M.D. North Carolina, Winston-Salem Division.

November 15, 1988.

Attorney(s) appearing for the Case

Wesley Bailey, Winston-Salem, N.C., and Martin E. Fletcher, Sr., Fort Wayne, Ind., for plaintiff.

William K. Davis and D. Anderson Carmen, Winston-Salem, N.C., and Daniel T. Flaherty, Washington, D.C., for E.F. Hutton & Co.

Daniel R. Taylor, Jr., Winston-Salem, N.C., and Jennifer A. Ostrom, Danver, Colo., for A.L. & E. Operating Co.

MEMORANDUM OPINION

GORDON, Senior District Judge:

This matter comes before the court on plaintiff's motion to reconsider the ORDER entered 9 June 1988 in which the court dismissed Count II of Plaintiff's Amended Complaint. Simms Inv. Co. v. E.F. Hutton & Co., 688 F.Supp. 193 (M.D.N.C. 1988). Defendants have filed a brief in opposition and have moved the court to award costs and to impose sanctions under Federal...

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