TOM'S AMUSEMENT CO., INC. v. CUTHBERTSON

Civ. No. 2:92CV236.

816 F.Supp. 403 (1993)

TOM'S AMUSEMENT COMPANY, INC., Plaintiff, v. Kenneth W. CUTHBERTSON, individually and d/b/a Tepee Amusements, Defendants.

United States District Court, W.D. North Carolina, Bryson City Division.

February 5, 1993.


Attorney(s) appearing for the Case

Jeffrey R. McFadden and Mark N. Poovey, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, and R. Leslie Waycaster, Jr., Waycaster, Corn & Morris, Dalton, GA, for plaintiff.

W. Scott Jones, Long, Parker, Hunt, Payne & Warren, P.A., Asheville, NC, for defendants.


ORDER

RICHARD L. VOORHEES, Chief Judge.

THIS MATTER is before the Court on the motion of Plaintiff for a hearing in claim and delivery pursuant to Fed.R.Civ.P. 64 and N.C.Gen.Stat. § 1-474.1, filed December 14, 1992. On December 23, 1992, this Court ordered notice of a hearing in claim and delivery to be served on Defendant. A hearing was held by the undersigned on January 19, 1993. At that time, Defendant filed a motion to dismiss, pursuant...

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