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THOMPSON v. McCOY

Civ. A. No. 76-1406.

425 F.Supp. 407 (1976)

James Clarence THOMPSON, Plaintiff, v. Harold Felder McCOY, Individually and as Servant of James P. McKeown, III, d/b/a Piggly Wiggly Store No. 61, and James P. McKeown, III, d/b/a Piggly Wiggly No. 61, Defendants.

United States District Court, D. South Carolina, Columbia Division.

October 1, 1976.

Attorney(s) appearing for the Case

Robert John Murphy, Jr., Charleston, S. C., Haskell & Haskell, Columbia, S. C., for plaintiff.

Douglas McKay, Jr., of McKay, Sherrill, Walker & Townsend, Columbia, S. C., for Harold Felder McCoy.

Jackson L. Barwick, Jr., of Belser, Baker, Belser, Barwick & Toal, Columbia, S. C., for James P. McKeown, III.

ORDER ON DEFENDANTS' MOTION TO DISMISS

HEMPHILL, District Judge.

The matter before this court is the defendant James P. McKeown, III's motion to dismiss plaintiff's action under 42 U.S.C. § 1983 for failure to state a claim upon which relief can be granted and to dismiss the common law claim against him for lack of pendent jurisdiction.

Through his complaint, the plaintiff alleges that, while shopping in the defendant McKeown's establishment...

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