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MADVIG v. GAITHER

No. 1:05 CV 234.

461 F.Supp.2d 398 (2006)

Gerald MADVIG, Derivatively on Behalf of Nominal Defendant Ingles Markets, Inc., Plaintiff, v. Charles L. GAITHER, Jr.; Robert P. Ingle; Robert P. Ingle, II; James W. Lanning; John O. Pollard; Charles E. Russell; Laura Ingle Sharp; Brenda S. Tudor; and J. Alton Wingate, Defendants, and Ingles Markets, Inc., Nominal Defendant.

United States District Court, W.D. North Carolina, Asheville Division.

October 11, 2006.

Attorney(s) appearing for the Case

K. Stacie Corbett, Charlotte, NC, Terence James Rasmussen, Hunton & Williams, LLP, Richmond, VA, for Defendants.

MEMORANDUM OF DECISION

HOWELL, United States Magistrate Judge.

THIS MATTER is before the court in accordance with 28, United States Code, Section 636(c), and on defendants' Motion to Dismiss (# 11). Subsequent to the filing of the motion to dismiss, the court allowed upon motion discovery as to the statutory Motion to Dismiss, which was duly completed. At the conclusion of such discovery period, plaintiff filed his Memorandum in Opposition to...

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