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RPR & ASSOCIATES v. O'BRIEN/ATKINS ASSOCIATES

No. 1:94CV00706.

921 F.Supp. 1457 (1995)

RPR & ASSOCIATES, Plaintiff, v. O'BRIEN/ATKINS ASSOCIATES, P.A. and Tai and Associates, Defendants.

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

December 28, 1995.

Attorney(s) appearing for the Case

Allen Holt Gwyn, Jr., Patton Boggs, L.L.P., Greensboro, NC, Steven Douglas Hedges, Patton Boggs, L.L.P., Greensboro, NC, for RPR & Associates, Inc.

John Lewis Shaw, Poyner & Spruill, L.L.P., Raleigh, NC, James Moore Tatum, Jr., Moore & Van Allen, Durham, NC, for O'Brien/Atkins Associates, P.A.

James Moore Tatum, Jr., Moore & Van Allen, Durham, NC, Dailey J. Derr, Dailey J. Derr, P.A., Durham, NC, for Tai and Associates.

MEMORANDUM OPINION

OSTEEN, District Judge.

This matter comes before the court on Defendants' motions to dismiss complaint. Defendants cite several grounds for dismissal: (1) Fed.R.Civ.P. 12(b)(1) and 12(b)(2) for lack of subject matter jurisdiction and personal jurisdiction over Defendants on grounds of sovereign immunity; (2) Rule 12(b)(7) for failure to join a necessary and indispensable party; and (3) abstention. In addition, Defendant O'Brien...

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