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  5. 792 F.Supp.2d 897 (2011)
 

WAKE COUNTY BD. OF EDUC. v. DOW ROOFING SYSTEMS

No. 5:11-CV-10-BO.

792 F.Supp.2d 897 (2011)

WAKE COUNTY BOARD OF EDUCATION, Plaintiff, v. DOW ROOFING SYSTEMS, LLC, and JPS Elastomerics Corporation, Defendants.

United States District Court, E.D. North Carolina, Western Division.

June 10, 2011.

Attorney(s) appearing for the Case

Daniel W. Clark , Tharrington Smith, LLP, Raleigh, NC, for Plaintiff.

Bradley M. Risinger , Smith Moore LLP, Raleigh, NC, for Defendants.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

Before the Court is a Motion to Dismiss, or, Alternatively, a Motion to Stay Pending Arbitration [DE 5] filed by Defendant Dow Roofing Systems, LLC, f/k/a/ Stevens Roofing Systems ("Dow Roofing"), as the successor-in-interest to Co-Defendant JPS Elastomerics Corporation ("JPS"). For the following reasons, the Motion is GRANTED and the Complaint is DISMISSED WITHOUT PREJUDICE.

I. 

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