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LOWDER ON BEHALF OF DOBY v. DOBY

No. 8320SC728.

315 S.E.2d 517 (1984)

W.H. LOWDER, on Behalf of Henry C. DOBY, Jr., and John Bahner, Co-Receivers of All Star Industries, Inc. v. Henry C. DOBY, Jr., John Bahner, Moore & Van Allen, a Partnership, Brown, Brown and Brown, a Partnership, John P. Rogers, Coble, Morton, Grigg & Odom, a Partnership, Morton & Grigg, a Partnership, Charles E. Herbert, Billings, Burns & Wells, a Partnership, Henry C. Doby, Jr. and John M. Bahner, Co-Receivers of All Star Industries, Inc.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

DeLaney, Millette, DeArmon & McKnight, P.A. by Ernest S. DeLaney, Charlotte, for plaintiff.

Jones, Hewson & Woolard by Harry C. Hewson, Charlotte, for defendants Henry C. Doby, Jr. and John Bahner.

Golding, Crews, Meekins, Gordon & Gray by James P. Crews, Charlotte, for defendant Moore & Van Allen.

Bailey, Brackett & Brackett by Martin L. Brackett, Jr., Charlotte, for defendant Brown, Brown, and Brown.

Hartsell, Hartsell & Mills, P.A. by W. Erwin Spainhour, Concord, for defendant John P. Rogers.

Wade & Carmichael by R.C. Carmichael, Jr., Charlotte, for defendants Coble, Morton, Grigg & Odom and Morton & Grigg.

Nichols, Caffrey, Hill, Evans & Murrelle by William L. Stocks and Everett B. Saslow, Jr., Greensboro for defendant Charles E. Herbert.

Walker, Palmer & Miller, P.A. by James E. Walker, Charlotte, for defendant Billings, Burns & Wells.

WELLS, Judge.

This is yet another in the series of vexatious collateral attacks on a corporate receivership. The factual background for this action is set forth in Hudson, et al. v. All Star Mills, Inc., et al., — N.C.App. —, 315 S.E.2d 514 (1984). The sole question presented for review is whether the trial court erred in granting defendants' motions to dismiss under N.C.Gen.Stat. § 1A-1, Rule 12(b)(6)...

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