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PARTINGTON v. AMERICAN INTERN. SPECIALTY LINES

No. 04-2279.

443 F.3d 334 (2006)

David PARTINGTON, Reverend; Leslie S. Hollowell; Elvis H. Hester, Jr.; Phyl Wigal; Thomas H. Adams; David L. Armbrister; Jacqueline M. Armbrister; Larry W. Armbrister; Carolyn Q. Armbrister; Sherman H. Blankenship; Alice S. Carr; Francis Lentz; Helen Lentz; Allen E. Smith; Draper Valley Baptist Church, Plaintiffs-Appellants, v. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY; AIG Technical Services, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 2006.

Attorney(s) appearing for the Case

ARGUED: John Francis Bloss, Sr., Clark, Bloss & Wall, P.L.L.C., Greensboro, North Carolina, for Appellants. Bradley Reed Johnson, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellees. ON BRIEF: Allan R. Gitter, Ronald R. Davis, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellees.

Before LUTTIG, MICHAEL, and GREGORY, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge LUTTIG and Judge MICHAEL joined.

OPINION

GREGORY, Circuit Judge.

The Reverend David Partington and fourteen others (collectively "the Appellants") appeal the decision of the District Court for the Middle District of North Carolina to dismiss their case under Federal Rule of Civil Procedure 12(b)(6). In prior litigation, Partington...

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