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STANDING v. MIDGETT

No. 91-67-CIV-2-D.

850 F.Supp. 396 (1993)

Patrick L. STANDING, Sr. and Patrick L. Standing, Jr., Plaintiffs, v. Ellsworth B. MIDGETT, III and Midgett Yacht Sales, Defendants.

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

March 4, 1993.

Attorney(s) appearing for the Case

Branch W. Vincent, III, Law Offices of Russell E. Twiford, Elizabeth City, NC, for plaintiffs.

Ronald E. DeVeau, Kellogg, White, Evans & Gray, Manteo, NC, for defendants.

MEMORANDUM OF DECISION

DUPREE, District Judge.

In this diversity action the plaintiffs, Patrick L. Standing, Sr. and Patrick L. Standing, Jr. (the Standings), citizens and residents of Virginia, sued the defendant, Ellsworth B. Midgett, III, trading as Midgett Yacht Sales (Midgett), for damages allegedly sustained by them as a result of a breach of warranty of title to a partially completed 38-foot fishing boat sold to them by Midgett. In a second cause...

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