JOHN T. COUNCIL, INC. v. BALFOUR PRODUCTS GROUP, INC.

No. 8514SC957.

341 S.E.2d 74 (1986)

JOHN T. COUNCIL, INC. v. BALFOUR PRODUCTS GROUP, INC.

Court of Appeals of North Carolina.

April 1, 1986.


Attorney(s) appearing for the Case

William Y. Manson, Durham, for Claude V. Jones, Permanent Liquidating Receiver of Balfour Products Group, Inc., appellee.

Manning, Fulton & Skinner by Howard E. Manning, Jr., Raleigh, for defendant-appellant.


WHICHARD, Judge.

The principal issue is whether the order discharging the receiver can stand notwithstanding the failure to comply with N.C. Gen.Stat. 1-507.7. We hold that it cannot.

N.C.Gen.Stat. 1-507.7 provides, in pertinent part, that

no court shall issue any order of distribution or order of discharge of a receiver until said receiver has proved to the satisfaction of the court that written notice has been mailed to the last known address of...

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