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T.H.E. INS. CO. v. DOWDY'S AMUSEMENT PARK

No. 92-56-CIV-2-BO.

820 F.Supp. 238 (1993)

T.H.E. INSURANCE COMPANY, Plaintiff, v. DOWDY'S AMUSEMENT PARK, Defendant.

United States District Court, E.D. North Carolina, Elizabeth City Division.

April 1, 1993.

Attorney(s) appearing for the Case

C. Thomas Ross, Winston-Salem, NC, for plaintiff.

John N. Fountain, Young, Moore, Henderson & Alvis, Raleigh, NC, for defendant.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

Defendant in this declaratory judgment action brought pursuant to 28 U.S.C. § U.S.C. § 2201 has moved to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), contending that plaintiff's complaint does not set out a "case of actual controversy" sufficient to support a declaratory judgment. For the reasons set out below, the court finds that there is sufficient controversy between...

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