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WEST RALEIGH GROUP v. MASSACHUSETTS MUT.

No. 92-343-CIV-5-F.

809 F.Supp. 384 (1992)

WEST RALEIGH GROUP, a North Carolina general partnership, Plaintiff, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, E.D. North Carolina, Raleigh Division.

November 6, 1992.

Attorney(s) appearing for the Case

Charles Nichols, Raleigh, NC, for plaintiff.

Larry B. Sitton, E. Garrett Walker, Paul K. Sun, Jr., Smith, Helms, Mulliss & Moore, Greensboro, NC, for defendant.

ORDER

JAMES C. FOX, Chief Judge.

This matter is before the court on defendant's motion to dismiss pursuant to Rule 12(b)(6), Fed.R.Civ.P., filed July 13, 1992. Plaintiff has responded in opposition thereto, and defendant has filed a reply. The matter is ripe for disposition.

I. NATURE OF THE CASE

Plaintiff, West Raleigh Group ("WRG") filed this diversity action seeking a declaration that certain prepayment provisions contained in a Note...

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