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THOMPSON v. NORFOLK SOUTHERN RY. CO.

No. COA99-1141.

535 S.E.2d 397 (2000)

Alfred Lee THOMPSON, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY and City of Salisbury, Defendants.

Court of Appeals of North Carolina.

September 19, 2000.

Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy and Kennedy, LLP, by Harold L. Kennedy, III, Harvey L. Kennedy, and Willie M. Kennedy, Winston-Salem, for plaintiff-appellant/cross-appellee.

Jones, Hewson & Woolard, by Kenneth H. Boyer, Charlotte, for Norfolk Southern Railway Company, defendant-appellee.

Brinkley Walser, A Professional Limited Liability Company, by G. Thompson Miller, Lexington, for City of Salisbury, defendant-appellee/cross-appellant.

TIMMONS-GOODSON, Judge.

Plaintiff, Alfred Lee Thompson, appeals from orders of the trial court denying his motions to compel arbitration and to dismiss the counterclaim raised by defendant Norfolk Southern Railway Company ("Norfolk Southern") against plaintiff for property damage. Defendant City of Salisbury ("Salisbury") cross-appeals from an order denying its motion for removal asserting that venue was improper. Based upon our examination of the record, we affirm...

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