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CARTER v. GOOD

Civil No. 4:94CV200.

951 F.Supp. 1235 (1996)

Scott CARTER, Plaintiff, v. Daniel J. GOOD, individually and in his official capacity as Sheriff of Rutherford County; and Aetna Life & Casualty Company, Surety, Defendants.

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

June 7, 1996.

Attorney(s) appearing for the Case

Anita S. Hodgkiss, C. Margaret Errington, Ferguson, Stein, Wallas, Gresham & Sumter, P.A., Charlotte, NC, for plaintiff.

G. Michael Barnhill, W. Clark Goodman, Womble, Carlyle, Sandridge & Rice, Charlotte, NC, for defendants.

MEMORANDUM OF OPINION AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants' motion for summary judgment and to strike an affidavit submitted by Plaintiff in opposition thereto. For the reasons stated below, the motion to strike is granted and the motion for summary judgment is denied.

I. STANDARD OF REVIEW

A motion for summary judgment is appropriate in any civil action in which there...

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