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WHITEVILLE OIL CO., INC. v. FEDERATED MUT. INS. CO.

No. 7:94-CV-108-BR(1).

889 F.Supp. 241 (1995)

WHITEVILLE OIL CO., INC., Plaintiff, v. FEDERATED MUTUAL INSURANCE CO., Defendant.

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

April 13, 1995.

Attorney(s) appearing for the Case

J. Randall Hiner, Ward & Smith, Buren Riley Shields, III, Ward & Smith, New Bern, NC, Harold G. Pope, Whiteville, NC, for plaintiff.

Clay Allen Collier, Harvey Mark Hamlet, Crossley, McIntosh, Prior & Collier, Wilmington, NC, for defendant.

ORDER

BRITT, District Judge.

This matter is before the court on motion by defendant to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and on plaintiffs motions for leave to amend a reply, to strike and for partial summary judgment. The motions have been briefed and are now ripe for decision.1

I. FACTS

A. Background

Plaintiff has owned a retail Amoco gasoline...

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