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EVERETT v. CONTINENTAL BANK, N.A.

No. 1:92CV00629.

845 F.Supp. 335 (1994)

Robinson O. EVERETT, Individually, Robinson O. Everett, Executor of the Estate of Kathrine R. Everett, J.H. Froelich, Jr., and James Thrash, Plaintiffs, v. CONTINENTAL BANK, N.A., Defendant.

United States District Court, M.D. North Carolina.

January 12, 1994.

Attorney(s) appearing for the Case

Robinson Everett of the firm Everett, Gaskins, Hancock & Stevens, Durham, NC, Catherine O'Conner of the firm Everett, Gaskins, Hancock & Stevens, Raleigh, NC, for plaintiffs.

Howard Rolin and Andrew Marovitz of the firm Mayer, Brown & Platt, Chicago, IL, Kenneth Jones and Walter Rand, III, of the firm Carruthers & Roth, Greensboro, NC, for defendant.

MEMORANDUM OPINION AND ORDER

HIRMAN H. WARD, Senior District Judge.

This matter comes before the Court on defendant's Motion to Dismiss, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted or in the alternative to Transfer and defendant's Motion to Stay. For the reasons stated herein, the Court will grant defendant's motion to dismiss, deny defendant's motion to...

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