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HOFFMAN v. VULCAN MATERIALS CO.

No. 198CV00152.

91 F.Supp.2d 881 (1999)

Molly Black HOFFMAN, Marty Butler, Roland Ezelle Estridge, Amanda Estridge, Raymond Tarlton, Mary Louise Tarlton, William Clyde Thompson, Myrtle McDonald Thompson, Reid Garrison, Delores Ann Garrison, Joel M. Meggs, and Rachel Pemberton Plaintiffs, v. VULCAN MATERIALS COMPANY, Defendant.

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

December 21, 1999.

Attorney(s) appearing for the Case

Henry T. Drake, Drake & Pleasant, Wadesboro, NC, J. Bryan Plumlee, Drake & Pleasant, Rockingham, NC, for plaintiffs.

Ronald R. Davis, Womble Carlyle Sandridge & Rice, Richard T. Rice, Womble Carlyle Sandridge & Rice, H. Grady Barnhill, Jr., Womble Carlyle Sandridge & Rice, Winston-Salem, NC, for defendant.

MEMORANDUM OPINION AND ORDER

ELIASON, United States Magistrate Judge.

This case comes before the Court on defendant's motion for summary judgment. That motion has been fully briefed by both parties and is ready for decision.

Facts

On February 9, 1998, plaintiffs, who are property owners, filed a complaint in state court in Richmond County, North Carolina. The complaint alleges that defendant has and is committing nuisance...

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