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MASSASOIT v. CARTER

No. 1:04CV00151.

439 F.Supp.2d 463 (2006)

Cody Hastings MASSASOIT, as Ancillary Administrator of the Estate of Tallas Hastings Tomeny, and Stephen Phelps, Plaintiffs, v. Lane CARTER, in his official capacity as Sheriff of Moore County, Randall Butler, in his individual and official capacity as a Deputy with the Moore County Sheriff's Office, and Fidelity and Deposit Company of Maryland, Defendants.

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

July 12, 2006.

Attorney(s) appearing for the Case

Joseph M. Dalton, Jr. Eason Dalton & Associates, Nashville, TN, Robert M. Elliot, Elliot Pishko Morgan, P.A., Winston-Salem, NC, Carlos E. Mahoney, Stewart W. Fisher, Glenn Mills and Fisher, P.A., Durham, NC, for Plaintiffs.

Bradley Owen Wood, Elizabeth D. Tucker, Tyrus Vance Dahl, Jr., Womble Carlyle Sandridge & Rice, Winston-Salem, NC, James Redfern Morgan, Jr. Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, NC, for Defendants.

MEMORANDUM OPINION AND ORDER

ELIASON, United States Magistrate Judge.

This case arises out of tragic events that unfolded on the day of February 23, 2002 in Moore County, North Carolina. On that date, defendant Moore County Deputy Sheriff Randall Butler shot and killed Tallas Tomeny and shot and seriously wounded plaintiff Phelps, both Green Beret Special Forces soldiers. Tomeny's claims are brought by his father, Cody Massasoit, who is the administrator...

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