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CHEROKEE HOME DEMONSTRATION v. OXENDINE

No. 9016DC145.

397 S.E.2d 643 (1990)

100 N.C. App. 622

CHEROKEE HOME DEMONSTRATION CLUB, Plaintiff, v. Mable OXENDINE, Original Defendant, and Ruth Oxendine, Viler J. Chavis, Fancy J. Locklear, Parree C. Jacobs, Georgia Locklear, Catherine Chavis, Lillie Mae Woods, Bernice Locklear, Jessie B. Chavis, Pattie Chavis, and Myrtle Locklear, Additional Parties Defendant. Ruth OXENDINE, Mable Oxendine, Viler J. Chavis, Fancy J. Locklear, Parree C. Jacobs, Georgia Locklear, Catherine Chavis, Lillie Mae Woods, Bernice Locklear, Jessie B. Chavis, Pattie Chavis, and Myrtle Locklear, Third Parties Plaintiff, v. Maude LOCKLEAR, Lou Ellen Lowery, Dovie Scott, Roy Everett, Leonard Locklear, Lula Bryant, Mae Bryant, and Sheila Lowery, Associated Under the Name of Cherokee Home Demonstration Club, Third Parties Defendant.

Court of Appeals of North Carolina.

November 20, 1990.

Attorney(s) appearing for the Case

Donald W. Bullard, Pembroke, for plaintiff, third party defendants. (Group II).

Britt and Britt by Evander M. Britt, Sr. and William S. Britt, Lumberton, for Mable Oxendine and additional parties defendant/third party plaintiffs. (Group I).

LEWIS, Judge.

I. Dismissal of Plaintiff Club's Complaint

Group II contends that their complaint was improperly dismissed by the trial judge. Their complaint was dismissed because plaintiff Home Demonstration Club allegedly does not have capacity to sue in its own name. An unincorporated association may sue in its own name, without naming any of the individual members composing it, but only if the association alleges in its complaint the "specific location...

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