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FURMAN v. MASCITTI

No. 82-1745.

714 F.2d 299 (1983)

Merrily S. FURMAN, Appellant, v. Vincent R. MASCITTI, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1983.

Rehearing Denied August 29, 1983.

Attorney(s) appearing for the Case

James B. Craven, III, Durham, N.C., and Alvin B. Fox, Newport News, Va. (Ellenson, Fox & Wittan, Newport News, Va., on brief), for appellant.

John H. Hall, Jr., Elizabeth City, N.C. (Gerald F. White, White, Hall, Mullen, Brumsey & Small, Elizabeth City, N.C., on brief), for appellee.

Before HALL and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.

SPROUSE, Circuit Judge:

This is an appeal by Merrily S. Furman from the district court's judgment dismissing her action against Vincent R. Mascitti, her former husband, based on Mascitti's Rule 12(b)(6)1 motion. Furman brought this action for a one-half interest in certain real property located in North Carolina which had been jointly purchased during the couple's marriage. After purchasing the property, Furman and Mascitti were divorced...

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