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MOORE v. MOORE

No. 7526SC691.

221 S.E.2d 384 (1976)

28 N.C. App. 381

Doris G. MOORE v. Benton Douglas MOORE et al.

Court of Appeals of North Carolina.

January 21, 1976.

Attorney(s) appearing for the Case

Elbert E. Foster, Myers & Collie by Charles T. Myers and George C. Collie, Charlotte, for plaintiff.

McElwee, Hall & McElwee by Edgar B. Gregory, North Wilkesboro, for defendants.

CLARK, Judge.

Plaintiff contends that the consent judgment imposed a fiduciary duty on the defendants Companies and Plan, requiring them to disapprove any application made by Benton Moore for withdrawals in excess of the $22,645.37 annual alimony payments and that by allowing defendant Moore to make excessive withdrawals in 1973 and 1974, defendants violated their fiduciary duty because these withdrawals depleted the funds that should have been kept available for...

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