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GREGORY v. SOUTH CAROLINA DEPT. OF TRANSP.

No. CIV.A.2:03-1651-18.

289 F.Supp.2d 721 (2003)

Leonard GREGORY, Plaintiff, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Claudia Wilkes, Becky Dickson, Oscar Rucker, U.S. Department of Housing and Urban Development, Lonna Blue, and Charles Stigger, Defendants.

United States District Court, D. South Carolina, Charleston Division.

October 29, 2003.

Attorney(s) appearing for the Case

Chalmers Johnson, Charleston, SC, for plaintiff.

Michael Scardato, Charleston, SC, John H. Douglas, Charleston, SC, for defendant.

ORDER

NORTON, District Judge.

I. Background

In the context of motions to dismiss, this court views the facts in a light most favorable to the non-moving party, De Sole v. United States, 947 F.2d 1169, 1171 (4th Cir.1991); therefore, the court accepts the plaintiff's version of the facts.

Plaintiff alleges that the South Carolina Department of Transportation ("SCDOT") began exercising the state's...

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