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LEAKE v. SUNBELT LTD. OF RALEIGH

No. 8810SC473.

377 S.E.2d 285 (1989)

Linda S. LEAKE, Donald C. Kordich, Ralph A. Carlen, Claire R. Carlen, Joan Fraser, Brian Hailes, Monica Janet Sinclair, Linda Miller, Beth Anne Barbuti, Frederick L. Croom, Joy Croom, Mary Margaret Sawyer, Bruce Williamson, Catherine R. Williamson, Joy Weiss, K. Ray Allen, and George Bednarz v. SUNBELT LIMITED OF RALEIGH, Holland Gaines and S. Alan Gaines.

Court of Appeals of North Carolina.

March 21, 1989.

Attorney(s) appearing for the Case

Thorp, Fuller & Slifkin by James C. Fuller, Anne R. Slifkin, and Margaret E. Karr, Raleigh, for plaintiff-appellants/appellees.

McMillan, Kimzey & Smith by James M. Kimzey and Katherine E. Jean, Raleigh, for defendant-appellees/appellants.

EAGLES, Judge.

Plaintiffs Barbuti and Fraser appeal the trial court's order of summary judgment against them. The defendants appeal the trial court's failure to grant their motion for summary judgment against thirteen other plaintiffs. As to plaintiffs Barbuti and Fraser, we affirm in part and reverse in part. Defendants' appeal from denial of their summary judgment motion is interlocutory and, accordingly, is dismissed...

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