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MOORE v. MIDGETTE

Civ. No. 467.

252 F.Supp. 776 (1966)

Edwin G. MOORE, II and Maribelle R. Moore, Plaintiffs, v. Mary Q. MIDGETTE (as Personal Representative of Elizabeth Q. Parkerson, Deceased) and Martin Kellogg, Trustee, Defendants, Continental Insurance Co. et al., Additional Defendants.

United States District Court E. D. North Carolina, Elizabeth City Division.

April 12, 1966.

Attorney(s) appearing for the Case

Charles C. Shaw, Jr., of Leroy, Wells & Shaw, Elizabeth City, N. C., George Eric Rosden, Washington, D. C., for plaintiffs.

John H. Hall, Forrest V. Dunstan, Elizabeth City, N. C., for defendant Parkerson.

J. Kenyon Wilson, Jr., of Wilson & Wilson, Elizabeth City, N. C., for additional defendants.

LARKINS, District Judge:

SUMMARY

This cause came before the Court for trial without the intervention of a jury. It arose out of a real estate transaction and the prayer for relief is directed to the equity powers of the Court. Jurisdiction is based on diversity of citizenship and the requisite statutory amount in controversy.

Plaintiffs seek to rescind a contract of purchase and sale for certain hotel properties located at Nags Head, Dare County...

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