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EOTT ENERGY PIPELINE LTD. PARTNERSHIP v. HATTIESBURG SPEEDWAY, INC.

No. CIV.A.2:OICV296PG.

303 F.Supp.2d 819 (2004)

EOTT ENERGY PIPELINE LIMITED PARTNERSHIP Plaintiff v. HATTIESBURG SPEEDWAY, INC., Jerry K. Idom, THE. Insurance Company, et al Defendants

United States District Court, S.D. Mississippi, Hattiesburg Division.

January 14, 2004.

Attorney(s) appearing for the Case

Rick D. Norton, Douglas Chester Driggers, Bryan Nelson Randolph, Hattiesburg, MS, for Eott Energy Pipeline Limited Partnership, plaintiff.

William H. Jones, Law Office of William Harold Jones, Petal, Thomas L. Carpenter, Jr., Carr, Allison, Crawley & Bagwell, P.C., Gulfport, MS, for Hattiesburg Speedway, Inc., Jerry K. Idom, T.H.E. Insurance, Company, Unknown Defendants, "A" Through "H", defendants.

MEMORANDUM OPINION AND ORDER

PICKERING, District Judge.

This cause comes before the Court on Defendant T.H.E. Insurance Company's Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The parties having fully briefed the motion, it is now ripe for decision.

FACTUAL BACKGROUND

Defendant Jerry K. Idom is the owner of Hattiesburg Speedway, Inc., which operates a race track on property under and through...

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