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McGANN v. MUNGO

Civ. A. No. 80-1709-0.

578 F.Supp. 1413 (1982)

James R. McGANN, Denise C. McGann, Timothy P. Finn, Mary Earle Finn, Patrick J. Carberry, Judith Ann Carberry, Janice B. Shaw and Georgia D. Goodwin, individually and on behalf of all others similarly situated, Plaintiffs, v. Michael J. MUNGO, individually, Michael J. Mungo Co., Inc., South Carolina Federal Savings and Loan Association; First Service Corporation of South Carolina; The County of Lexington; Elise S. Rast, Roy J. Frick, Jerrod F. Howard, Russell B. Shealy, William H. DuBose, Lowell C. Spires, Jr., Bruce L. Merchant, Billy Oswald and J. Carl Spires in their official capacities as members of the Lexington County Council, the governing body of Lexington County, South Carolina; and the City of Columbia, Defendants.

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

September 23, 1982.

Attorney(s) appearing for the Case

George W. Cox, Jr., Columbia, S.C., for plaintiffs.

George I. Alley, Susan Batten Lipscomb, Columbia, S.C., Archie L. Harman, III, Rawl, Purcell & Harman, Lexington, S.C., Robert W. Dibble, Jr., Edward M. Woodward, Jr., Wilburn Brewer, Jr., Roy D. Bates, Robert G. Cooper, Columbia, S.C., for defendants.

ORDER

MATTHEW J. PERRY, Jr., District Judge.

This action was commenced in the Court of Common Pleas for Lexington County, South Carolina and thereafter removed to this Court by some of the defendants pursuant to 28 U.S.C. §§ 1331 and 1441(c). The plaintiffs are residents of a subdivision in Lexington County, South Carolina known as "Coldstream." The defendants Michael J. Mungo and Michael J. Mungo Co., Inc. are the developers of the Coldstream...

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