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AVX CORP. v. HORRY LAND CO., INC.

Civil Action No.: 4:07-3299.

686 F.Supp.2d 621 (2010)

AVX CORPORATION, Plaintiff, v. HORRY LAND COMPANY, INC. and the United States of America, Defendant.

United States District Court, D. South Carolina, Florence Division.

February 22, 2010.

Attorney(s) appearing for the Case

Kevin A. Dunlap, Parker Poe Adams and Bernstein, Spartanburg, SC, Steven D. Weber, Parker Poe Adams and Bernstein, Charlotte, NC, for Plaintiff.

Carrie Appleton Fox, Saunders M. Bridges, Jr., Aiken Bridges Law Firm, Florence, SC, Charles Bernhart Jordan, Jr., Thompson and Henry, John Jackson Thomas, Thompson Law Firm, Myrtle Beach, SC, Raymond Emery Clark, U.S. Attorneys Office, Columbia, SC, Meredith R. Weinberg, U.S. Department of Justice, Washington, DC, for Defendant.

ORDER

TERRY L. WOOTEN, District Judge.

The plaintiff, AVX Corporation ("AVX") filed this action on October 2, 2007 against Horry Land Company, Inc. ("Horry Land"). (Doc. # 1). AVX filed its amended complaint on April 3, 2009, which added the United States of America as a defendant. (Doc. # 65). On April 13, 2009, Horry Land filed its Answer with the inclusion of five counterclaims. (Doc. # 72). On May 27, 2009, AVX filed a Motion for

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