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D'ALESSANDRO v. WESTALL

Civ. No. 4:95CV70.

972 F.Supp. 965 (1997)

Michelle L. D'ALESSANDRO, Plaintiff, v. Norris Lewis WESTALL; City of Marion; Bob R. Haynes, In his capacity as Sheriff of McDowell County; and United States Fidelity and Guaranty Company, Maryland Corporation, Defendants, and CITY OF MARION, Defendant and Third-Party Plaintiff, v. McDOWELL COUNTY, Third-Party Defendant, and Alana Marie WILLIAMS, Third-Party Defendant and Fourth-Party Plaintiff, v. Bob R. HAYNES, in his capacity as Sheriff of McDowell County, and United States Fidelity and Guaranty Company, a Maryland Corporation, Fourth-Party Defendants.

United States District Court, W.D. North Carolina, Shelby Division.

March 24, 1997.

Attorney(s) appearing for the Case

Joseph P. McGuire, M. Charles Cloninger, McGuire, Wood & Bissette, P.A., Asheville, NC, for Michelle L. D'Alessandro.

William H. McElwee, III, Christopher D. Lane, McElwee & McElwee, N. Wilkesboro, NC, for City of Marion.

Norris Lewis Westall, Marion, NC, pro se.

Michael G. Gibson, Dean & Gibson, Charlotte, NC, William C. Morgan, Jr., Michael B. Brough & Associates, Chapel Hill, NC, for Bob R. Haynes, U.S. Fidelity and Guaranty Co. and McDowell County.

Walter L. Hart, IV, Bailey, Patterson, Caddell, Hart & Bailey, Charlotte, NC, Steven D. Cogburn, Cogburn, Cogburn, Goosmann & Brazil, Asheville, NC, for Alana Marie Williams.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the motions of several parties.

Defendants Bob R. Haynes, sued in his capacity as Sheriff of McDowell County, and United States Fidelity and Guarantee Company filed a motion for summary judgment February 3, 1997, asserting that the actions of officers of the McDowell County Sheriffs Department ("MCSD") did not constitute gross negligence. Likewise...

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