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LIGHTNER v. DUKE POWER CO.

Civ. A. No. 3:89-422-16.

719 F.Supp. 1310 (1989)

Moses LIGHTNER, Plaintiff, v. DUKE POWER COMPANY, Defendant and Third Party Plaintiff, v. FORD NEW HOLLAND, INC., Third Party Defendant.

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

July 20, 1989.

Attorney(s) appearing for the Case

William R. Sims, Strickland Short & Keels, P.A., Chester, S.C., for plaintiff.

Stanley T. Case, Butler, Means, Evins & Browne, Spartanburg, S.C., for Duke Power Co.

Robert A. Bernstein, Turner, Padget, Graham & Laney, Columbia, S.C., for Ford New Holland, Inc.

ORDER

HENDERSON, District Judge.

This matter is before the Court on motion of third party defendant Ford New Holland, Inc.1 ("Ford") to dismiss the third party complaint brought by defendant and third party plaintiff Duke Power Company ("Duke") under Fed.R.Civ.P. 12(b)(6) or in the alternative for summary judgment pursuant to Fed.R.Civ.P. 56. The third-party complaint arises out of the primary action in which plaintiff Moses...

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