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MIDDLETON v. RUSSELL GROUP, LTD.

No. 2:95CV00630.

924 F.Supp. 48 (1996)

James Allan MIDDLETON, Jr. and Julie T. Middleton, Plaintiffs, v. The RUSSELL GROUP, LTD. (formerly ADS, Inc.) and Brooke Licensing, Defendants.

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

April 12, 1996.

Attorney(s) appearing for the Case

J. David James, Smith, Follin & James, Greensboro, NC, for Plaintiffs James Allan Middleton, Jr. and Julie T. Middleton.

Jack W. Floyd, Robert Vickers Shaver, Jr., Floyd, Allen and Jacobs, Greensboro, NC, for Defendants The Russell Group, Ltd., fka ADS, Inc., and Brooke Licensing.

MEMORANDUM ORDER

SHARP, United States Magistrate Judge.

This matter comes before the court on the Rule 12(b) motion of Defendants The Russell Group, Ltd. and Brooke Licensing to dismiss this action on grounds that it was filed outside the applicable statute of limitations period.1 The Middletons oppose the motion, and the court heard the oral argument of counsel on March 25, 1996. Upon careful review of the issue before it, the...

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