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COUNTY OF JACKSON v. DUKE ENERGY CAROLINAS, LLC

Civil Case No. 2:09cv45.

670 F.Supp.2d 442 (2009)

COUNTY OF JACKSON, a body politic and corporate created and existing under the laws of North Carolina, Plaintiff, v. DUKE ENERGY CAROLINAS, LLC, a limited liability company organized and existing under the laws of North Carolina, and The Bank of New York Mellon Trust Company, N.A., as Successor Trustee, Defendants.

United States District Court, W.D. North Carolina, Bryson City Division.

November 4, 2009.

Attorney(s) appearing for the Case

David P. Ferrell, Norman W. Shearin, Vandeventer Black LLP, Raleigh, NC, for Plaintiff.

Kiran H. Mehta, K & L Gates LLP, Charlotte, NC, Christopher G. Smith, Smith Anderson, Raleigh, NC, for Defendants.

ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on Duke Energy Carolinas' (Duke) (1) Motion to Dismiss all Claims by Jackson County (County) for Lack of Subject Matter Jurisdiction; and (2) Motion for Summary Judgment with Respect to its First Claim for Relief (Declaratory Judgment) [Doc. 7] and the Plaintiff's Motion to Remand [Doc. 11].

PROCEDURAL...

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