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MCALLISTER TOWING & TRANSP. v. THORN'S DIESEL

No. Civ.A. 00-A-1618-N.

163 F.Supp.2d 1329 (2001)

MCALLISTER TOWING & TRANSPORTATION COMPANY, INC., Plaintiff, v. THORN'S DIESEL SERVICE, INC., and Rex Thorn, Defendants. Thorn's Diesel Service, Inc., Third Party Plaintiff, v. NREC Power Systems, Inc.; Michael Lester; and Overnite Transportation Company, Third Party Defendants.

United States District Court, M.D. Alabama, Northern Division.

September 25, 2001.

Attorney(s) appearing for the Case

J. Stephen Simms, Stephen S. McCloskey, Greber & Simms, Baltimore, MD, for Plaintiff.

Richard A. Lawrence, Montgomery, AL, for Defendant.

Allen E. Graham, Lyons, Pipes & Cook, Mobile, AL, Alexander M. Creighton III, PC, Houma, LA, for NREC Power Systems, Inc.

Brett A. Ross, Carr, Allison, Pugh, Howard, Oliver & Sisson, PC, Birmingham, AL, for Overnite Transp. Co.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

I. INTRODUCTION

This matter comes before the court on a Motion to Dismiss filed by Third Party Defendant NREC Power Systems, Inc., ("NREC") on June 11, 2001, and a Motion to Dismiss filed by Third Party Defendant Michael Lester ("Lester") on August 17, 2001. Third Party Plaintiff Thorn's Diesel Service, Inc., ("Thorn's Diesel") filed its third party Complaint on April...

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