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LEWIS v. LEWIS NURSERY, INC.

No. 855DC629.

342 S.E.2d 45 (1986)

C. Everette LEWIS v. LEWIS NURSERY, INC. and American Foods, Inc.

Court of Appeals of North Carolina.

April 15, 1986.

Attorney(s) appearing for the Case

R.V. Biberstein, Jr., Burgaw, for plaintiff appellee.

Poyner, Geraghty, Hartsfield & Townsend by Cecil W. Harrison, Jr., Raleigh, for defendant appellant.

BECTON, Judge.

In this declaratory judgment action, plaintiff C. Everette Lewis (Lewis) and defendant Lewis Nursery, Inc. (Nursery) both claim ownership of funds held in an escrow account. The funds are the proceeds realized from the harvest and sale of strawberry plants grown on twelve acres in Pender County, North Carolina. Both parties filed motions for summary judgment. The trial court granted summary judgment in favor of plaintiff Lewis, and defendant Nursery...

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