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YADKIN VALLEY B. & T. CO. v. NORTHWEST. BANK

No. 8523SC1378.

343 S.E.2d 439 (1986)

YADKIN VALLEY BANK AND TRUST COMPANY, John Everett Hutchinson and Ruth Laura Davis Hutchinson v. NORTHWESTERN BANK, Chore-Boy, Inc., Dairymen, Inc. and Linda McGee, Trustee.

Court of Appeals of North Carolina.

May 20, 1986.

Attorney(s) appearing for the Case

Daniel J. Park, Elkin, for plaintiffs, appellants.

Barnett & Alagia by David B. Perkins, Jr., Louisville, Ky., and Brooks, Pierce, McLendon, Humphrey & Leonard by Mack Sperling, Greensboro, for defendant, appellee, Dairymen, Inc.

Petree Stockton & Robinson by Dudley Humphrey and Robert E. Price, Jr., Winston-Salem, for defendants, appellees, Northwestern Bank and Chore-Boy, Inc.

HEDRICK, Chief Judge.

The record before us affirmatively discloses that plaintiffs filed an adversary proceeding in the United States Bankruptcy Court for the Middle District of North Carolina alleging that defendants Dairymen, Inc., Northwestern Bank, and Chore-Boy, Inc., had negligently violated an automatic stay in bankruptcy by removing dairy equipment from a farm operated by plaintiffs Hutchinsons and that defendants' conduct constituted an unfair and deceptive...

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