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DAVENPORT v. ROBERT H. DAVENPORT, D.D.S., M.S.

No. 1:00CV00433.

146 F.Supp.2d 770 (2001)

Deborah R. DAVENPORT, Plaintiff, v. ROBERT H. DAVENPORT, D.D.S., M.S., P.A., Robert H. Davenport, D.D.S., M.S., P.A., Profit Sharing Plan and Trust, and William E. Wheeler, individually and as Administrator of Robert H. Davenport, D.D.S., M.S., P.A., Profit Sharing Plan and Trust, Defendants and Third Party Plaintiffs v. Estate of Robert H. Davenport, Jr., by and through its Executor, Virginia Jane Davenport Jones, Third Party Defendant and Claimant in Interpleader, and Deborah R. Davenport, Claimant in Interpleader.

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

April 20, 2001.

Attorney(s) appearing for the Case

Martin N. Erwin, Smith Helms Mulliss & Moore, Greensboro, NC, for Deborah R. Davenport, plaintiff.

Debbie Weston Harden, Womble Carlyle Sandridge & Rice, Charlotte, NC, for Robert H. Davenport, D.D.S., M.S., P.A., Robert H. Davenport, D.D.S., M.S., P.A. Profit Sharing Plan and Trust, William E. Wheeler, individually and as Administrator of Robert H. Davenport, D.D.S., M.S., P.A. Profit Sharing Plan and Trust, defendants.

A. Doyle Early, Jr., Wyatt Early Harris & Wheeler, L.L.P., High Point, NC, for Estate of Robert H. Davenport, Jr.

MEMORANDUM OPINION

BEATY, District Judge.

This matter comes before the Court pursuant to Plaintiff Deborah R. Davenport's Motion for Judgment on the Pleadings [Document # 19] and Third Party Defendant Estate of Robert H. Davenport's Motion to Stay [Document # 15]. For the reasons that follow, Plaintiff's Motion for Judgment on the Pleadings is GRANTED and Third Party Defendant's Motion to Stay is DENIED.

I. FACTUAL BACKGROUND

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