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HARVEY v. HARVEY

Civ. No. 89-42-VAL(DF).

749 F.Supp. 1118 (1990)

Betty Banks HARVEY, Plaintiff, v. Joseph H. HARVEY, Jr., et al., Defendants.

United States District Court, M.D. Georgia, Valdosta Division.

October 17, 1990.

Attorney(s) appearing for the Case

Jesse W. Walters, Albany, Ga., for plaintiff.

Frank C. Jones, William E. Hoffman, Jr., Gregory S. Smith, Atlanta, Ga., Phillip R. Taylor, Brunswick, Ga., O. Wayne Ellerbee, Valdosta, Ga., John T. McGoldrick, Jr., Macon, Ga., Wallace E. Harrell, Timothy Harden, III, Gilbert, Whittle, Harrell, Brunswick, Ga., Joseph A. Mulherin, III, Savannah, Ga., J. Converse Bright, Black, Bright & Edwards, Valdosta, Ga., for defendants.

FITZPATRICK, District Judge.

This case is now before the court on motions to dismiss by all defendants and a third-party claim by one of them. While reviewing the motions to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) the court must take the allegations of the complaint as true, Walker Process Equip. v. Food Machinery & Chemical Corp., 382 U.S. 172, 174-75, 86 S.Ct. 347, 348-49, 15 L.Ed.2d 247 (1965...

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