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WESTCHESTER FIRE INS. CO. v. JOHNSON

No. 98CV00715.

221 F.Supp.2d 637 (2002)

WESTCHESTER FIRE INSURANCE COMPANY, Plaintiff, v. Carl W. JOHNSON; Carl W. Johnson Family Trust, d/b/a The Cotton Mill Square; Landin Ltd; and Joseph Baldwin, Defendants.

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

June 27, 2002.

Attorney(s) appearing for the Case

Derek J. Allen, James Conrad Adams, II, Brooks Pierce McLendon Humphrey & Leonard, Greensboro, NC, C. Michael Johnson, Henry M. Quillian, III, Brad S. Kalter, Fellows Johnson & La Briola, LLP, Atlanta, GA, for Plaintiff.

James H. Kelly, Jr., Kilpatrick Stockton, L.L.P., H. Brent Helms, Robinson & Lawing, Winston-Salem, NC, William L. Hill, Moss Mason & Hill, Greensboro, NC, for Defendants.

MEMORANDUM OPINION

BEATY, District Judge.

This case comes before the Court upon the United States Court of Appeals for the Fourth Circuit's February 28, 2001 remand of the Court's January 6, 2000 Memorandum Opinion and Order and Judgment granting partial summary judgment to Plaintiff Westchester Fire Insurance Company ("Westchester" or "Plaintiff"). The Fourth Circuit remanded the case in order for the Court to re-evaluate its January 6, 2000 decision...

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