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CASHION v. PISGAH COMMUNITY BANK, 1:12cv43. (2012)

Court: District Court, W.D. North Carolina Number: infdco20120427943
Filed: Apr. 26, 2012
Latest Update: Apr. 26, 2012
Summary: ORDER DENNIS L. HOWELL, Magistrate Judge. Defendant filed a Motion to Dismiss [# 5] the Complaint. Subsequently, Plaintiffs filed an Amended Complaint. The filing of an amended complaint supercedes the original complaint and renders it void of any legal function in the case. Young v. City of Mount Ranier , 238 F.3d 567 , 572 (4th Cir. 2001). Accordingly, the Court DENIES as moot Defendant's Motion to Dismiss [# 5].

ORDER

DENNIS L. HOWELL, Magistrate Judge.

Defendant filed a Motion to Dismiss [# 5] the Complaint. Subsequently, Plaintiffs filed an Amended Complaint. The filing of an amended complaint supercedes the original complaint and renders it void of any legal function in the case. Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001). Accordingly, the Court DENIES as moot Defendant's Motion to Dismiss [# 5].

Source:  Leagle

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