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BARNHILL CONTRACTING CO. v. OXENDINE

No. 7:14-CV-211-FL.

105 F.Supp.3d 542 (2015)

BARNHILL CONTRACTING COMPANY, Plaintiff, v. Paula OXENDINE; Davie Lynn Smith; Storm Builders, Inc.; Roy Bain; and Bain & Rodzik PC, Defendants.

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

Signed May 12, 2015.

Attorney(s) appearing for the Case

Benton Louis Toups, Cranfill Sumner & Hartzog, LLP, Wilmington, NC, for Plaintiff.

B. Danforth Morton, Ennis, Baynard & Morton, P.A., Wrightsville Beach, NC, J. Scott Lewis, Hedrick, Gardner, Kincheloe & Garofalo, LLP, Wilmington, NC, for Defendants.

ORDER

This matter is before the court on the motion to dismiss for failure to state a claim by defendants Roy Bain and Bain & Rodzik PC (the "Bain defendants") (DE 7). Plaintiff responded in opposition, and the Bain defendants replied. The court stayed further case scheduling activities pending resolution...

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