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REAVIS v. ECOLOGICAL DEVELOPMENT, INC.

No. 8022SC1058.

281 S.E.2d 78 (1981)

Richard REAVIS, Ralph Reavis, Chester P. Middlesworth, Allan Johnson, Henry Conrad, Robert Garrison, J. L. Hope, William Hope, William Crosswhite, Howard Bryan, and Auto Equipment, Inc., a corporation, v. ECOLOGICAL DEVELOPMENT, INC., a corporation.

Court of Appeals of North Carolina.

August 18, 1981.

Attorney(s) appearing for the Case

McElwee, Hall, McElwee & Cannon by John E. Hall and William F. Brooks, North Wilkesboro, and Vannoy & Reeves by Wade E. Vannoy, West Jefferson, for defendants-appellants.

Pope, McMillan, Gourley & Kutteh by William P. Pope, and Bondurant & Lassiter by T. Michael Lassiter, Statesville, for plaintiffs-appellees.

BECTON, Judge.

The propriety of the trial court's grant of summary judgment depends upon whether the recovery of attorneys' fees and expenses in this case is against public policy and affected by North Carolina's Anti-Deficiency Judgment statute, G.S. 45-21.38.1 Defendant argues that the language of the statute as well as certain provisions in the deeds of trust should limit plaintiffs' recovery to the encumbered property only, thereby...

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