HOWELL v. FISHER

No. 8011SC340.

272 S.E.2d 19 (1980)

49 N.C. App. 488

R. L. HOWELL, Lamar Simmons, and wife, Doris G. Simmons, Bruce B. Blackmon and wife, Lelia L. Blackmon, Bruce B. Blackmon, Jr., Katye Blackmon, Oscar Rivenbark, J. K. Williford, and wife, Eileen Williford, Nora Rivenbark v. C. Page FISHER and Soil Testing Services of Carolina, Inc. (Identical by change of name with Geotechnical Engineering Company, Inc.).

Court of Appeals of North Carolina.

November 18, 1980.


Attorney(s) appearing for the Case

Bryan, Jones & Johnson by James M. Johnson, Dunn, for plaintiffs-appellants.

Ragsdale & Liggett by Peter M. Foley, and Manning, Fulton & Skinner by Howard E. Manning, Jr., Raleigh, for defendants-appellees.


VAUGHN, Judge.

The issue is whether plaintiff-stockholders' suit was properly dismissed under Rule 12(b)(7) for failure to join the corporation as a necessary party. Plaintiffs contend that the court committed error on two alternative bases: (1) that even if the corporation were a necessary party, the action should have been continued to permit joinder; (2) the corporation was not, however, a necessary party because the complaint was an individual claim for personal...

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