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EWAYS v. GOVERNOR'S ISLAND

No. 389PA89.

391 S.E.2d 182 (1990)

326 N.C. 552

Joseph M. EWAYS, Plaintiff, v. GOVERNOR'S ISLAND, a North Carolina Limited Partnership and Allen Dukes-Jones Island partnership, Defendants, v. J.L. TODD AUCTION CO., Intervenor-Defendant.

Supreme Court of North Carolina.

May 10, 1990.

Attorney(s) appearing for the Case

Henderson, Baxter & Alford, P.A. by B. Hunt Baxter, Jr., New Bern, for plaintiff-appellant.

Kirby, Wallace, Creech, Sarda, Zaytoun & Cashwell by John R. Wallace, Adams, McCullough & Beard by Douglas Q. Wickham, Raleigh, for defendants-appellees.

Ward and Smith, P.A. by Michael P. Flanagan, Greenville, for intervenor defendants-appellee.

MARTIN, Justice.

Plaintiff challenges the trial court's dismissal of the suit he instituted to recover a security deposit held in escrow by order of the United States Bankruptcy Court for the Eastern District of North Carolina pursuant to a bid he had made to purchase property owned by the defendant Governor's Island. In response to defendants' motion to dismiss, the trial court concluded as a matter of law that it lacked subject matter jurisdiction to hear the action...

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