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LOWDER v. ALL STAR MILLS, INC.

No. 8620SC28.

346 S.E.2d 695 (1986)

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, Jennell H. Ratterree, David P. Lowder, Judith R. Lowder Harrell, Emily P. Lowder Cornelius and Myron P. Lowder, Intervening Defendants.

Court of Appeals of North Carolina.

August 19, 1986.

Attorney(s) appearing for the Case

Moore, Van Allen, Allen & Thigpen by Jeffrey J. Davis and Randel E. Phillips, Charlotte, for plaintiffs-appellees.

Kluttz, Hamlin, Reamer, Blankenship & Kluttz by William C. Kluttz, Jr., Salisbury, for receivers-appellees.

Boyce, Mitchell, Burns & Smith, P.A. by Lacy M. Presnell, III, and Susan K. Burkhart, Raleigh, for defendants-appellants except All Star Mills, Inc.

Hopkins, Hopkins & Tucker by William C. Tucker, Albemarle, for intervening-defendants-appellants and defendant-appellant All Star Mills, Inc.

BECTON, Judge.

This appeal is from (1) an order approving payment of $244,197.97 in fees and expenses to attorneys, accountants and receivers and (2) a judgment awarding $300,308.93 in attorneys' fees under N.C.Gen. Stat. Sec. 55-55(d) (1982) all incurred in connection with a court-ordered receivership.

I

This is the fourth time in six years this case has been through the appellate process; the procedural history and factual background of this matter...

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