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STATE EX REL. HOWES v. PEELE

No. 5:94-25-CV-BR2.

889 F.Supp. 849 (1995)

STATE of North Carolina, ex rel. Jonathan B. HOWES, Secretary, North Carolina Department of Environment, Health and Natural Resources, and Michael F. Easley, Attorney General, Plaintiff, v. W.R. PEELE, SR. TRUST, et al., Defendants. NORTH CAROLINA RAILROAD COMPANY, Defendant and Third-Party Plaintiff, v. W.R. PEELE, Jr., Third-Party Defendant.

United States District Court, E.D. North Carolina, Western Division.

July 3, 1995.

Attorney(s) appearing for the Case

Robert R. Gelblum, Asst. Atty. Gen., N.C. Dept. of Justice, Raleigh, NC, for plaintiff.

L. Neal Ellis, Jr., Christopher Grafflin Browning, Jr., Jeffrey F. Cherry, Matthew Patrick McGuire, Hunton & Williams, Amos C. Dawson, III, Sean Callinicos, Maupin, Taylor, Ellis & Adams, Laurie B. Gengo, Terry Richard Kane, Poyner & Spruill, Herman Wolff, Jr., H. Spencer Barrow, Raleigh, NC, for defendants.

Laurie B. Gengo, Terry Richard Kane, Poyner & Spruill, Raleigh, NC, for third-party plaintiff North Carolina R. Co.

Walter Brock, Jr., Young, Moore, Henderson & Alvis, Raleigh, NC, for third-party defendant W.R. Peele, Jr.

ORDER

BRITT, District Judge.

Before the court is the motion of defendant J.W. York ("York") for clarification of the court's order filed 1 February 1995. Also before court are motions to amend the same order to certify it for interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), as follows.

(1) Defendant North Carolina Railroad Company ("NCRR") has moved the court to certify the order for...

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