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LITTLE v. SMITH

No. 3:99CV37-H.

114 F.Supp.2d 437 (2000)

Janis LITTLE, Individually and as Administratrix of the Estate of Malachiah McQueen, Deceased, Plaintiff, v. Mike SMITH, David Morton, and Tony Martino, each individually and in his official capacity as a Deputy Sheriff; James N. Sellers, individually and in his official capacity as Sheriff of Anson County; Fidelity and Deposit Company of Maryland, as surety of the Sheriff's bond; and Anson County, Defendants.

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

August 17, 2000.

Attorney(s) appearing for the Case

James E. Ferguson, Ferguson, Stein, Wallas, Gresham & Sumter, P.A., Charlotte, NC, for Janis Little, Individually and as administratrix of the Estate of Malachian McQueen, deceased, plaintiff.

Tyrus V. Dahl, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, for Mike Smith, David Morton, Tony Martino, James N. Sellers, Fidelity and Deposit Company of Maryland, Anson County, defendants

MEMORANDUM AND ORDER

HORN, Chief United States Magistrate Judge.

THIS MATTER is before the Court on the "Defendants' Motion for Summary Judgment" (document # 21) and "Brief in Support ..."(document # 22), both filed July 17, 2000; and "Plaintiff's Brief in Opposition ..." (document # 24), filed August 7, 2000. On August 16, 2000, the Defendant filed a "Notice of No Reply Brief" (document # 26).

The parties have consented to Magistrate...

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