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ARGONAUT GREAT CENTRAL INS. CO. v. McDOWELL COUNTY

No. 1:08cv371.

626 F.Supp.2d 554 (2009)

ARGONAUT GREAT CENTRAL INSURANCE COMPANY, Plaintiff, v. McDOWELL COUNTY; Dudley Greene, in his official capacity as Sheriff of McDowell County; James Brandon Watson, in his official capacity as a Deputy with the McDowell County Sheriff's Office; Kimberly D. Frye and David L. Frye as Co-Administrators of the Estate of Kennedy Elizabeth Frye; Katherine Elizabeth Frye; Bruce A. Elmore, Jr., as Guardian Ad Litem for Katherine Elizabeth Frye, a minor; Kimberly D. Frye; David L. Frye; Ruth Ann Huskins; and Ronnie Huskins, Defendants.

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

May 20, 2009.

Attorney(s) appearing for the Case

Walter E. Brock, Jr., Young, Moore & Henderson, P.A., Raleigh, NC, for Plaintiff.

Donald Fred Coats, Marion, NC, Carlos E. Mahoney, Glenn, Mills & Fisher, P.A., Durham, NC, Bruce A. Elmore, Jr., Elmore, Elmore & Williams, P.A., Asheville, NC, Forrest A. Ferrell, Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, PA, Hickory, NC, for Defendants.

MEMORANDUM OF DECISION

DENNIS L. HOWELL, United States Magistrate Judge.

THIS MATTER is before the court in accordance with 28, United States Code, Section 636(c), and on the Frye defendants' Motion to Dismiss Civil Action Under 28 U.S.C. § 2201(#34). Plaintiff timely filed its Response (# 42) and the Frye defendants timely filed their Reply (#44). Having carefully considered the well reasoned briefs of all the parties as well as considered...

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