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SMITH v. LIBERTY MUT. INS. CO.

No. C-74-262-D.

449 F.Supp. 928 (1978)

Susan Jacobs SMITH, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, M. D. North Carolina, Durham Division.

April 24, 1978.

Attorney(s) appearing for the Case

E. K. Powe and Charles R. Holton, Durham, N. C., for plaintiff.

James L. Newsom and E. C. Bryson, Jr., Durham, N. C., for defendant.

MEMORANDUM OPINION

GORDON, Chief Judge.

This matter is before the Court for a determination of the defendant's motion for the Court to reconsider and vacate that portion of the Court's Memorandum and Order of March 2, 1976, which denied the defendant's motion for summary judgment upon its third defense and allowed the plaintiff's motion to dismiss the defendant's third defense to the claims set forth in the complaint. After a thorough consideration of the...

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