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  5. 947 F.Supp. 903 (1996)
 

ROSSER BY AND THROUGH BROWN v. WAL-MART STORES, INC.

No. 4:95-CV-95-H(2).

947 F.Supp. 903 (1996)

Deseray ROSSER, a minor By and Through his guardian ad litem, Anthony W. BROWN; Taniela Daniels, individually and as parent of the minor plaintiff, Plaintiffs, v. WAL-MART STORES, INC., Defendant.

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

November 26, 1996.

Attorney(s) appearing for the Case

Ronnie C. Reaves, Weldon, NC, for plaintiffs.

Sharon H. Spence, Kurt L. Dixon, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, NC, for defendant.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on defendant Wal-Mart Stores, Inc.'s ("Wal-Mart") motion for summary judgment. Additionally, Wal-Mart seeks to strike the affidavit of plaintiffs' expert, Cecil A. Moorhead, pursuant to Rule 37 of the Federal Rules of Civil Procedure, as plaintiffs failed to submit a timely and complete expert witness report as required by Rule 26(a)(2)(B) of the Federal Rules. In response, plaintiffs...

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