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J. LEE PEELER & CO., INC. v. MAKEPEACE

No. 8814SC1415.

384 S.E.2d 283 (1989)

J. LEE PEELER & CO., INC. v. Harold T. MAKEPEACE and Helen S. Makepeace.

Court of Appeals of North Carolina.

October 17, 1989.

Attorney(s) appearing for the Case

William V. McPherson, Jr., Durham, for plaintiff-appellant.

Manning, Fulton & Skinner by Michael T. Medford, Raleigh, for defendants-appellees.

BECTON, Judge.

In this civil action plaintiff, J. Lee Peeler & Co., Inc., a stock brokerage firm, seeks to fasten a constructive trust on proceeds received by defendants from the sale of common stock and on 125 shares of common stock retained by defendants, the Makepeaces. The trial court allowed the Makepeaces' motion under Rule 12(b)(6) of the North Carolina Rules of Civil Procedure and dismissed the action with prejudice because plaintiff's claims were barred...

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