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LOWDER v. ALL STAR MILLS, INC.

No. 89PA83.

309 S.E.2d 193 (1983)

Malcolm M. LOWDER, Mark T. Lowder and Dean A. Lowder, Plaintiffs, v. ALL STAR MILLS, INC., Lowder Farms, Inc., Carolina Feed Mills, Inc., All Star Foods, Inc., All Star Hatcheries, Inc., All Star Industries, Inc., Tanglewood Farms, Inc., Consolidated Industries, Inc., Airglide, Inc., and W. Horace Lowder, Defendants, and Cynthia E. Lowder Peck, Michael W. Lowder, Douglas E. Lowder, Lois L. Hudson, Individually and as Guardian ad Litem for Steve H. Hudson, Bruce E. Hudson, Billy J. Hudson, Ellen H. Ballard, Jenell H. Ratterree, David P. Lowder, Judith R. Lowder Harrell, Emily P. Lowder Cornelius and Myron E. Lowder, Intervening Defendants.

Supreme Court of North Carolina.

December 6, 1983.

Attorney(s) appearing for the Case

Moore, Van Allen & Allen by John T. Allred and Randel E. Phillips, Charlotte, for plaintiffs and receivers, appellants.

DeLaney, Millette, DeArmon and McKnight, P.A., by Ernest S. DeLaney, Charlotte, for defendants-appellees.

Hopkins, Hopkins & Tucker by William C. Tucker, Albemarle, for intervening defendants-appellees.

MARTIN, Justice.

The nearly five years of litigation in this matter have generated a factual and procedural history that is voluminous and complex. Details not relevant to the issues we address here are set forth in our earlier opinion, supra.

We have granted discretionary review in this case for the limited purpose of considering two questions raised by plaintiffs: First, whether the Court of Appeals erred in holding that Moore and Van Allen, as counsel...

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