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KEITH v. U.S. AIRWAYS, INC.

No. 1:97CV00984.

994 F.Supp. 692 (1998)

Mrs. Thomas J. KEITH, on behalf of herself and all others similarly situated, Plaintiff, v. U.S. AIRWAYS, INC., Defendant.

United States District Court, M.D. North Carolina, Durham Division.

January 26, 1998.

Attorney(s) appearing for the Case

B. Ervin Brown, II, James S. Gibbs, Jr., Moore and Brown, Winston-Salem, NC, Beverly C. Moore, Jr., Moore and Brown, Washington, DC, Martha Marie Eastman, Maready Comerford & Britt, L.L.P., Winston-Salem, NC, for Plaintiff.

Penni Pearson Bradshaw, Kilpatrick Stockton, L.L.P., Winston-Salem, NC, Cliff Fonstein, O'Melveny & Myers LLP, New York City, for Defendant.

MEMORANDUM OPINION

BULLOCK, Chief Judge.

In this action, Plaintiff Ellen Keith seeks to recover on behalf of herself and other similarly situated for personal injuries allegedly caused by use of Defendant U.S. Airways' equipment in the course of employment. The case is presently before the court on Defendant's motion to dismiss Plaintiff's complaint as untimely and for failure to state a claim. Plaintiff responds to this motion in two ways. First, in an...

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