Legal Opinion

Hoyle v. Southern Bell Telephone & Telegraph Co.

District Court, W.D. North Carolina

Decided August 21, 1979No. SH-C-79-31PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

WOODROW WILSON JONES, Chief Judge.

The Plaintiff initiated her lawsuit in the Superior Court of the State of North Carolina. Defendant removed it to this Court on the basis of diversity of citizenship. Presently the action is before the Court upon the Defendant’s motions to dismiss and for summary judgment pursuant to Rules 12(b)(1) and 56, Federal Rules of Civil Procedure (FRCP). A hearing was conducted on the motions on July 23, 1979 in Rutherfordton.

At the beginning of the hearing, Plaintiff’s attorney complained that he had not been afforded the ten-day notice for a…

2Cases cited12 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Hanna v. PlumerSupreme Court of the United States · 1965
  3. Huffman v. LindquistCalifornia Supreme Court · 1951
  4. Drum v. MillerSupreme Court of North Carolina · 1904
  5. Hall v. Coble Dairies, Inc.Supreme Court of North Carolina · 1951

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3Cited by7 opinions

  1. DeWald v. StateWyoming Supreme Court · 1986
  2. Russell T. Fitzgerald v. Preston C. Manning, Jr., M. D.Court of Appeals for the Fourth Circuit · 1982
  3. Rice v. COLLINS COMMUNICATION, INC.Wyoming Supreme Court · 2010
  4. Heitsch v. HamptonMichigan Court of Appeals · 1988
  5. Hoyle v. Southern Bell Telephone and Telegraph CoCourt of Appeals for the Fourth Circuit · 1980

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