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WORDS OF FAITH FELLOWSHIP, INC. v. RUTHERFORD CTY. DEPT. OF SOCIAL SERVICES

No. CIV.1:03 CV 298.

329 F.Supp.2d 675 (2004)

WORD OF FAITH FELLOWSHIP, INC.; Steven A.D. and Cynthia G. Cordes; Ricky F. and Suzanne M. Cooper; Jennifer Lou Moore; Kim R. Waites; David Cameron and Jayne K. Caulder; Virginia Anne Cable; Denise M. Worley; Patricia P. Dolan; Jason and Tanja Gross; Marcia Whitbeck; Gilberto Carmona; Jay and Susan Plummer, all individually and on behalf of their minor children; Cody Ryan Hawkins; and Joveille D. Clark, Plaintiffs, v. RUTHERFORD COUNTY DEPARTMENT OF SOCIAL SERVICES; Steve Wright, in his official capacity as Chairman of The Rutherford County Board of Commissioners; John Carroll, individually, and in his capacity as Director of the Rutherford County Department of Social Services; Lynn Hopes, individually and in her capacity as Rutherford County Department of Social Services Child Protective Supervisor; and Melanie Taylor, individually and in her capacity as Rutherford County Department of Social Services Caseworker, Defendants.

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

June 10, 2004.

Attorney(s) appearing for the Case

John W. Gresham, Ferguson, Stein, Chambers, Adkins, Gresham & Sumter, Charlotte, NC, Eric M. Lieberman, David B. Goldstein, Roger Bearden, Christopher J. Klatell, Rabinowitz, Boudin, Standard, Krinsky & Liberman, P.C., New York, NY, for Plaintiffs.

Scott D. MacLatchie, Womble, Carlyle, Sandridge & Rice, Charlotte, NC, for Defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants' motion to dismiss and the Plaintiffs' request for oral argument.

I. STATEMENT OF FACTS

The Plaintiffs in this case are the Word of Faith Fellowship ("WFF"), a North Carolina not-for-profit religious corporation, and members of WFF who sue on their own behalf and on behalf of their children. Complaint, filed December 5,...

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