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MAYES v. MOORE

No. 1:04 CV 811.

367 F.Supp.2d 919 (2005)

Donald R. MAYES, Plaintiff, v. Gregory A. MOORE, Smithfield Management Corporation, Smithfield Barbecue, Inc., Smithfield's of Gum Branch, Inc., Midatlantic Restaurant Corporation, Smithfield's of New Bern, Inc., Smithfield's of Ogden, Inc., Smithfield's of Zebulon, Inc., Smithfield's of Clayton, Inc., Smithfield's of Dunn, Inc., Smithfield's of Fayetteville, Inc., Defendants.

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

March 25, 2005.

Attorney(s) appearing for the Case

Curtis Scott Holmes, Durham, NC, for Plaintiff.

Marvin Schiller, David Garrett Schiller, Raleigh, NC, for Defendants.

MEMORANDUM OPINION and ORDER

OSTEEN, District Judge.

This matter is now before the court on Plaintiff's Motion to Remand and Motion to Strike. For the reasons stated herein, the court finds Smithfield's of Dunn, Inc. is a nominal party to the action. The court also finds it has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367. Plaintiff's motion to remand the case to the General Court of Justice, Superior Court Division, Durham County...

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