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STALEY v. HOMELAND, INC.

Civ. Nos. 984, 985.

368 F.Supp. 1344 (1974)

John A. STALEY, Jr. and wife, Coble D. Staley, Kinston, North Carolina, Plaintiffs, v. HOMELAND, INC., Pensacola, Florida and First American National Bank, Nashville, Tennessee, Defendants. John J. MOYER, and wife, Paula Moyer, Newport, North Carolina, Plaintiffs, v. HOMELAND, INC., Pensacola, Florida and First American National Bank, Nashville, Tennessee, Defendants.

United States District Court, E. D. North Carolina, New Bern Division.

January 2, 1974.

Attorney(s) appearing for the Case

Charles K. McCotter, Jr., New Bern, N. C., for plaintiffs.

David L. Ward, Jr., of Ward, Tucker, Ward & Smith, New Bern, N. C., for defendants.

MEMORANDUM OPINION and ORDER

LARKINS, District Judge:

In its broadest and most general signification, Equity denotes the spirit and the habit of fairness, justness, and right dealing which would regulate the intercourse of men with men. But in this sense its obligation is ethical rather than jural, and its discussion belongs to the sphere of morals. It is grounded in the precepts of the conscience, not in any sanction of positive law. Black's Law Dictionary...

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