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SAUDERS v. S.C. PUBLIC SERVICE AUTHORITY

Civ. A. No. 2:93-3077-18.

856 F.Supp. 1066 (1994)

William J. and Phyllis W. SAUDERS, (Landowner), C. Barry Marsh and Justin Marsh, (Landowner), Frank M. O'Brien, III (Landowner), Teresa Marsh Foxworth and Lewis Drew Marsh, (Landowner), Allen D. Fore, Bettye S. Marsha, (Landowner), Joe Easley, Personal Representative of the Estate of Alice V. Lucas, (Landowner), McLeod Furniture Company, Inc., (Landowner), Dorothy McLeod Rhodes and Helen M. Bradham, (Landowner), Darlington Veneer Company, Inc., (Landowner), Bubendorff Brothers, Inc., (Landowner), Susan Sheppard, (Landowner), James M. Simons, (Landowner), Elizabeth Singleton Grayson, (Landowner), Eugene and Barbara Collins, (Landowner), Ralph Hoffman, (Landowner), Plaintiffs, v. SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, a/k/a Santee Cooper, Defendant and Third-Party Plaintiff, v. The UNITED STATES of America, Third-Party Defendant.

United States District Court, D. South Carolina, Charleston Division.

June 29, 1994.

Attorney(s) appearing for the Case

James Edward Bell, III, Sumter, SC, for plaintiffs.

John Hamilton Smith, John Douglas, Charleston, SC, for third-party defendant.

ORDER

NORTON, District Judge.

This matter is before the court upon the United States of America's Motion to Dismiss the Third-Party Complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6).1 A hearing was held on this matter on April 25, 1994.2

I. BACKGROUND

Plaintiffs initiated this action against Santee Cooper in the Court of Common Pleas, Fifteenth Judicial Circuit...

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