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L & H INV., LTD. v. BELVEY CORP.

No. C-C-77-176.

444 F.Supp. 1321 (1978)

L & H INVESTMENTS, LTD., t/a Lynn House, Plaintiff, v. BELVEY CORPORATION, a North Carolina Corporation, Belk Brothers Company, a North Carolina Corporation, and J. B. Ivey & Company, a North Carolina Corporation, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

February 10, 1978.

Attorney(s) appearing for the Case

W. Thomas Ray and Frank L. Bryant, Charlotte, N. C., for plaintiff.

Robert C. Sink, Fleming, Robinson & Bradshaw, P. A., Charlotte, N. C., for defendants.

ORDER

McMILLAN, District Judge.

This case is before the court on defendants' motion to dismiss pursuant to Rule 12(b)(6). By order filed December 28, 1977, the court indicated it would grant the motion in part and deny it in part. The court now files this memorandum setting out the reasons for its ruling.

The complaint contains the following allegations, which for purposes of this motion are taken as true. From 1969 to 1974 plaintiff L & H Investments...

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