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FAIRCLOTH v. U.S.

No. 92-106-CIV-7-F.

837 F.Supp. 123 (1993)

Mary Louise Todd FAIRCLOTH, and husband, Samuel L. Faircloth, Plaintiffs, v. UNITED STATES of America, Defendant.

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

June 29, 1993.

Attorney(s) appearing for the Case

Richard A. Mu, John Philip Swart, Brumbaugh & Mu, Jacksonville, NC, for Mary Louise Todd Faircloth and Samuel L. Faircloth.

Stephen A. West, U.S. Atty., Eastern District of N.C., Raleigh, NC, for U.S.

ORDER

JAMES C. FOX, Chief Judge.

This matter is before the court on Motion for Summary Judgment, filed by the United States ("the Government" or "defendant") on May 5, 1993. The plaintiffs have filed a Response in opposition thereto and the Government filed a Reply.

In its Reply, the Government raised the issue of contributory negligence — an issue not addressed by name in either the Motion or the plaintiffs' Response. Plaintiffs filed on...

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