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PINEHURST ENTERPRISES v. TOWN OF SOUTHERN PINES

No. C-87-774-R.

690 F.Supp. 444 (1988)

PINEHURST ENTERPRISES, INC., Pinehurst Water Company, and Pinehurst Sanitary Company, North Carolina Corporations, Plaintiffs, v. The TOWN OF SOUTHERN PINES, a North Carolina Municipal Corporation, the Council of the Town of Southern Pines, North Carolina, the governing body of the Town of Southern Pines, including all members of the Council for the Town of Southern Pines in their official capacities, William Coleman, in his capacity as Town Manager of the Town of Southern Pines, and Jane Clark, in her capacity as Mayor of the Town of Southern Pines, Defendants.

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

June 24, 1988.

Attorney(s) appearing for the Case

Frank A. Schiller and Edward S. Finley of the firm of Hunton & Williams, Raleigh, N.C., David F. Peters and Sondra Tomlinson of the firm of Hunton & Williams, Richmond, Va., for plaintiffs.

W. Lamont Brown of the firm of Brown, Robbins, May, Pate, Rich, Scarborough & Burke, Pinehurst, N.C., Roddey M. Ligon, Jr. and Gusti W. Frankel of the firm of Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., and James D. Monteith of the firm of Waggoner, Hamrick, Hasty, Monteith, Kratt, Cobb & McDonnell, Charlotte, N.C., for defendants.

MEMORANDUM OPINION AND ORDER

HIRAM H. WARD, Chief Judge.

This matter comes before the Court on Defendants' Motion for Summary Judgment on Plaintiffs' Federal Claims and on Plaintiffs' State Law Claims Due to a Lack of Pendent Jurisdiction (December 21, 1987). In the underlying action, the parties dispute, inter alia, who has the right to provide sewage service to a development in southern Moore County, North Carolina. For the reasons stated below...

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