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HOUCK & SONS, INC. v. TRANSYLVANIA COUNTY

No. A-C-90-65.

852 F.Supp. 442 (1993)

HOUCK & SONS, INC., Plaintiff, v. TRANSYLVANIA COUNTY; Terry Pierce; and Jack McGinnis, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

March 18, 1993.

Attorney(s) appearing for the Case

Grainger R. Barrett, Barrett & Associates, Chapel Hill, NC, for Houck & Sons, Inc.

Robert S. Pierce, C. Winston Gilchrist, Keith A. Clinard, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, for Transylvania County Health Dept. and Transylvania County.

Robert S. Pierce, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Martha K. Walston, Asst. Atty. Gen., N.C. Dept. of Justice, Raleigh, NC, C. Winston Gilchrist, Keith A. Clinard, Lawrence P. Egerton, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Mabel Y. Bullock, N.C. Dept. of Justice, Raleigh, NC, for Terry Pierce, John Winston and Joseph McGinnis.

Martha K. Walston, Asst. U.S. Atty., N.C. Dept. of Justice, Raleigh, NC, C. Winston Gilchrist, Keith A. Clinard, Lawrence P. Egerton, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Mabel Y. Bullock, N.C. Dept. of Justice, Raleigh, NC, for Joe Gentry.

Kathleen M. Waylett, Associate Atty. Gen., Mabel Y. Bullock, N.C. Dept. of Justice, Raleigh, NC, for Charles Slagle and Clay Penington.

MEMORANDUM OF DECISION

DUPREE, District Judge.

Plaintiff, Houck & Sons, Inc. ("Houck"), filed this civil rights action pursuant to 42 U.S.C. § 1983 alleging, among other claims since dismissed, a violation of the equal protection clause and appending a pendent state law claim for tortious interference with contractual relations. The action was tried at Asheville during the weeks of October 13 and 20, 1992, and the jury returned a verdict in favor...

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