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ELIZABETH MACGREGOR KIRKCALDY, Plaintiff, v. RICHMOND COUNTY BOARD OF EDUCATION and MARCUS SMITH, Defendants. MARCUS SMITH, Defendant and Third-party Plaintiff,

ORDER

JAMES A. BEATY, United States District Judge.

For the reasons stated in the Memorandum Opinion filed contemporaneously herewith,

It is HEREBY ORDERED that Defendant Richmond County Board of Education and Third-Party Defendants Bruce Stanback, Sandy Lampley, Herman Williams, Myrtle Stogner, Mary Carroll, Jackson Dawkins, Carlene Hill, and Larry K. Weatherly's Motion to Dismiss Defendant Marcus Smith's Cross-claim and Third-party Complaint [Document #17] is GRANTED for lack of subject-matter jurisdiction. As the Court has determined that Smith's cross-claim and third-party complaint do not qualify for subject matter jurisdiction pursuant to the Federal Rules of Civil Procedure, the Court hereby dismisses Defendant Marcus Smith's cross-claim against Defendant Richmond County Board of Education and his third-party complaint against Bruce Stanback, Sandy Lampley, Herman Williams, Myrtle Stogner, Mary Carroll, Jackson Dawkins, Carlene Hill, and Larry K. Weatherly, in their individual and official capacities, without prejudice.

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KIRKCALDY v. RICHMOND COUNTY BOARD OF EDUCATION, (M.D.N.C. 2002)
(Aug 23, 2002)