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HYMAN v. CITY OF GASTONIA

No. 05-1981.

466 F.3d 284 (2006)

LARRY S. HYMAN, as Liquidating Trustee of Governmental Risk Insurance Trust, Plaintiff-Appellant, v. CITY OF GASTONIA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 2006.

Attorney(s) appearing for the Case

ARGUED: Lee S. Haramis, GRAY ROBINSON, P.A., Jacksonville, Florida, for Appellant.

Josephine Herring Hicks, PARKER, POE, ADAMS & BERNSTEIN, L.L.P., Charlotte, North Carolina, for Appellee.

ON BRIEF: Daniel A. Nicholas, GRAY ROBINSON, P.A., Jacksonville, Florida, for Appellant.

Richard J. Rivera, PARKER, POE, ADAMS & BERNSTEIN, L.L.P., Charlotte, North Carolina, for Appellee.

Before WILLIAMS and GREGORY, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Dismissed by published opinion. Judge Williams wrote the opinion, in which Judge Gregory and Judge Floyd joined.

OPINION

WILLIAMS, Circuit Judge.

Larry S. Hyman, the Liquidating Trustee for the Governmental Risk Insurance Trust (GRIT), appeals the district court's application of North Carolina's doctrine of abatement, which resulted in the dismissal of GRIT's diversity action against the City of Gastonia, North Carolina (Gastonia). For the reasons...

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