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VIRGIL v. MONTGOMERY

No. 5:03CV961BO.

353 F.Supp.2d 620 (2005)

Deborah Ann VIRGIL, Administratrix of the Estate of Craig O'Ryan Virgil, Plaintiff, v. Eric MONTGOMERY, Stephen Bissette, CSX Transportation, Inc., the Town of Elm City, and Amtrak, Defendants.

United States District Court, E.D. North Carolina, Western Division.

January 25, 2005.

Attorney(s) appearing for the Case

W. Earl Taylor, Jr., Taylor Law Office, Wilson, NC, for plaintiff.

William W. Stewart, Jr., Millberg, Gordon & Stewart, Derek M. Crump, Brown, Crump, Vanore & Tierney, Raleigh, NC, for defendants.

CORRECTED ORDER

TERRENCE WILLIAM BOYLE, Chief Judge.

These motions are before the Court pursuant to Plaintiff's Motion for a Voluntary Dismissal of Defendant Amtrak, or in the alternative, all Defendants and Plaintiff's Motion to Remand. A hearing was held on these motions on August 2, 2004 in Raleigh. In the underlying Complaint, Plaintiff asserts a negligence claim against Defendants. For the reasons stated below, Plaintiff's Motions are DENIED...

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