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07-1129•Chester Lee McDowell, Sr v. Norfolk Southern Corporation
07-1129Court of Appeals for the Fourth CircuitJun 5, 2007
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1129
CHESTER LEE MCDOWELL, SR.,
Plaintiff - Appellant,
versus
NORFOLK SOUTHERN CORPORATION; WILLIAM RADFORD,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Elizabeth City. James C. Dever III,
District Judge. (2:06-cv-00038-D)
Submitted: May 31, 2007 Decided: June 5, 2007
Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Chester Lee McDowell, Sr., Appellant Pro Se. Max Daniel McGinn,
BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, Greensboro, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Chester Lee McDowell, Sr. appeals the district court’s
order granting defendants’ motions to dismiss and dismissing his
complaint for failure to state a claim upon which relief may be
granted. We have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. See McDowell v. Norfolk Southern Corp., No. 2:06-cv-00038-D
(E.D.N.C. Jan. 24, 2007). We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
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