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CHESAPEAKE AND POTOMAC TEL. v. PECK IRON & METAL

Civ. A. No. 92-CV-506.

814 F.Supp. 1266 (1992)

The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, Plaintiff, v. PECK IRON & METAL CO., INC., et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

December 3, 1992.

Attorney(s) appearing for the Case

Richard Kent Bennett, Shawn Renea Urelius Jordanger, Betty Sinclaire Wommack, McSweeney, Burtch & Crump, Richmond, VA, for plaintiff.

William S. Winfrey, II, Princeton, WV, for defendant Betty Fuller, d/b/a S.S. Belcher & Co.

MEMORANDUM OPINION

RICHARD L. WILLIAMS, Senior District Judge.

This matter is before the Court on the motion of Defendant Betty Fuller d/b/a S.S. Belcher & Company ("Fuller") to dismiss the claim asserted against her, pursuant to Fed. R.Civ.Proc. 12. The motion presents the question, apparently unaddressed by any reported federal court opinion to date, of whether successor sole proprietorships should be exposed to liability under the Comprehensive Environmental...

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