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RICE v. BELLSOUTH ADVERTISING & PUB. CORP.

No. CIV. 1:02CV119.

240 F.Supp.2d 526 (2002)

Rustin D. RICE, individually and d/b/a Emma Equipment Rental, Blue Ridge Electric Motor Repair, Inc., and WNC Starter & Alternator, a division of Blue Ridge Electric Motor Repair, Inc., Plaintiffs, v. BELLSOUTH ADVERTISING & PUBLISHING CORP; and Bellsouth Telecommunications, Inc., f/k/a Southern Bell Telephone & Telegraph Company, Defendants.

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

December 12, 2002.

Attorney(s) appearing for the Case

Edward L. Bleynat, Jr., Ferikes & Bleynat, Asheville, NC, Michael G. Wimer, Arden, NC, for Plaintiffs.

James H. Kelly, Jr., Kristin M. Major, Kilpatrick Stockton LLP, Winston-Salem, NC, for Defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Plaintiffs' Objections to the Memorandum and Recommendation of United States Magistrate Judge Max 0. Cogburn, Jr. Plaintiffs filed their original complaint in the General Court of Justice for the State of North Carolina, Superior Court Division, Buncombe County. Defendants removed the action to this Court on May 13, 2002, and filed their motion to dismiss...

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