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RDC, INC. v. BROOKLEIGH BUILDERS, BY BURNS

No. 64PA83.

305 S.E.2d 722 (1983)

RDC, INC., A Delaware Corporation doing business in North Carolina v. BROOKLEIGH BUILDERS, INC., by W. Joseph BURNS, Trustee in Bankruptcy, Stafford R. Peebles, Jr., Trustee for Carlisle B. McKenzie and wife, Louise J. McKenzie; Carlisle B. McKenzie and wife, Louise J. McKenzie; Stafford R. Peebles, Jr., Trustee for Martin Septic Tank Service; Martin Septic Tank Service; Wayne C. Shugart, Trustee for Smith-Phillips Lumber Company; Smith-Phillips Lumber Company; Foster & Hailey, Inc., Pfaff's, Inc., New World, Inc.; and Oldtown Carpet Center.

Supreme Court of North Carolina.

August 9, 1983.

Attorney(s) appearing for the Case

House, Blanco & Osborn, P.A. by Reginald F. Combs, Winston-Salem, for respondent-appellant.

Peebles, Hedgpeth, Schramm & Crumpler by Joseph C. Hedgpeth and John J. Schramm, Jr., Winston-Salem, for respondents-appellees.

MARTIN, Justice.

RDC, Inc. commenced this special proceeding pursuant to N.C.G.S. 45-21.32 to determine the ownership of surplus funds from a foreclosure sale. All parties agreed that RDC, Inc. was entitled to priority of its claim, but a dispute between Foster & Hailey, Inc. ("F & H") and appellees Stafford Peebles, Jr., Trustee, and Mr. and Mrs. Carlisle B. McKenzie arose over the remainder of the funds. F &...

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