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WACHOVIA BANK & TRUST CO., N. A. v. MURPHY

No. 778DC178.

245 S.E.2d 101 (1978)

36 N.C. App. 760

WACHOVIA BANK AND TRUST COMPANY, N. A. v. Donnie R. MURPHY, Charles R. Murphy, and Louise Murphy.

Court of Appeals of North Carolina.

June 20, 1978.

Attorney(s) appearing for the Case

Taylor, Warren, Kerr & Walker by Robert D. Walker, Jr., Goldsboro, for plaintiff.

Barnes, Braswell & Haithcock by Michael A. Ellis and R. Gene Braswell, Goldsboro, for defendants.

BROCK, Chief Judge.

At trial and on appeal defendants challenged the constitutionality of G.S. 25-9-601, which is the first section of Part 6 of Article 9, Chapter 25 (Uniform Commercial Code) of the North Carolina General Statutes upon the grounds that it violates the due process clause of the Fourteenth Amendment.

Part 6 is entitled, "Public Sale Procedures." The first section of Part 6, G.S. 25-9-601, is entitled...

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