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TEXACO, INC. v. BROWN

No. 763SC708.

233 S.E.2d 631 (1977)

32 N.C. App. 738

TEXACO, INC. v. William B. BROWN et al.

Court of Appeals of North Carolina.

April 6, 1977.

Attorney(s) appearing for the Case

Beaman, Kellum, Mills & Kafer, P. A., by James C. Mills, New Bern, for plaintiff-appellee.

James, Hite, Cavendish & Blount by Marvin Blount, Jr., Greenville, for defendants-appellants.

VAUGHN, Judge.

The essence of this case may be stated as follows: Defendants allege that plaintiff obtained defendants' obligations on the original agreements by fraudulent representations. (We assume, without so deciding, that defendants have properly pleaded fraud with respect to the original contracts.) Plaintiff denies that there was any fraud in connection with those agreements. Absent the settlement agreement, defendants would have been at liberty to defend...

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