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McPHAIL v. WILSON

No. C-C-89-483-M.

733 F.Supp. 1011 (1990)

R.V. McPHAIL, Jr. and Dan C. Gunter, Plaintiffs, v. John David WILSON and Stephen K. Flory, Defendants.

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

March 29, 1990.

Attorney(s) appearing for the Case

Charles D. Gray, III, Gray, Albright & Sumner, Gastonia, N.C., for plaintiffs.

Mack Ed Swindle, Thomas D. Harkins, Jr., Fort Worth, Tex., and Catherine E. Thompson, Smith, Helms, Mulliss & Moore, Charlotte, N.C., for defendants.

MEMORANDUM OF DECISION AND ORDER

McMILLAN, District Judge.

PROCEDURAL BACKGROUND

On November 28, 1989, plaintiffs McPhail and Gunter sued the defendants in North Carolina Superior Court, Gaston County, for alleged violations of the North Carolina Unfair and Deceptive Trade Practices Act, N.C.G.S. § 75-1.1. On December 28, 1989, defendants removed the case from state court, and on the same day they filed their motion to dismiss. The case was...

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