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GUARANTEED SYSTEMS, INC. v. AMERICAN NAT. CAN CO.

Civ. No. 2:93CV00233.

842 F.Supp. 855 (1994)

GUARANTEED SYSTEMS, INC., Plaintiff and Third-Party Plaintiff, v. AMERICAN NATIONAL CAN COMPANY, Defendant, R.K. Elite-HydroVac Services, Inc., Third-Party Defendant.

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

January 27, 1994.

Attorney(s) appearing for the Case

Mel Joseph Garofalo, Hedrick, Eatman, Gardner & Kincheloe, Charlotte, NC, Lawrence J. Gillen, Patton, Boggs & Blow, Greensboro, NC, C. Michelle Sain, Hedrick Eatman Gardner & Kincheloe, Charlotte, NC, for plaintiff.

Douglas Everette Kingsbery, Tharrington, Smith & Hargrove, Raleigh, NC, for American Nat. Can Co.

Lawrence J. Gillen, Patton, Boggs & Blow, Greensboro, NC, for Guaranteed Systems, Inc.

Joseph W. Moss, Stephen Allen Mayo, Adams Kleemeier Hagan Hannah & Fouts, Greensboro, NC, for R.K. Elite-HydroVac Services, Inc.

MEMORANDUM OPINION

FRANK W. BULLOCK, Jr., Chief Judge.

This civil action is before the court on Third-Party Defendant's motion to dismiss the third-party action for lack of supplemental jurisdiction pursuant to 28 U.S.C. § 1367(b), the Judicial Improvements Act of 1990, Title III, § 310(a).

FACTS

On March 17, 1993, contractor Guaranteed Systems, Inc., a North Carolina corporation, filed a state court action ("original action...

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