SEVERN PEANUT CO., INC. v. INDUSTRIAL FUMIGANT CO.

No. 2:11-CV-14-BO.

826 F.Supp.2d 871 (2011)

SEVERN PEANUT CO., INC. and Meherrin Agriculture & Chemical Co., Plaintiffs, v. INDUSTRIAL FUMIGANT CO. and Rollins, Inc., Defendants.

United States District Court, E.D. North Carolina, Northern Division.

November 14, 2011.


Attorney(s) appearing for the Case

Howard M. Widis, Quick, Widis & Nalibotsky, PLLC, Charlotte, NC, for Plaintiffs.

Steven B. Epstein, Poyner Spruill LLP, Raleigh, NC, for Defendants.


ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the Court on Defendants Industrial Fumigant Co. ("IFC") and Rollins' Motion to Dismiss [DE 13]. Plaintiffs Severn Peanut Co. ("Severn") and Meherrin Agriculture & Chemical Co. ("Meherrin") filed their complaint on April 8, 2011, asserting claims for negligence, negligence per se, and breach of contract as a result of an explosion in Severn's peanut storage dome ("Dome")

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