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KAPLAN v. FIRST UNION NAT. BANK OF N.C.

No. 8926SC1037.

393 S.E.2d 344 (1990)

99 N.C. App. 570

Stanley N. KAPLAN, Harriet A. Kaplan, Sarah M. Torrence, Trustees of the Liquidating Trust Agreement of SIS Radio, Inc., Plaintiffs, v. FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Defendant and Third-Party Plaintiffs, v. Stanley N. KAPLAN and Harriet A. Kaplan, Individually, Third-Party Defendants.

Court of Appeals of North Carolina.

July 17, 1990.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner by Howard E. Manning and Charles E. Nichols, Jr., Raleigh, for Stanley N. Kaplan and Harriet A. Kaplan.

Robinson, Bradshaw & Hinson by Robin L. Hinson, A. Ward McKeithen and Allain C. Andry IV, Charlotte, for First Union National Bank.

EAGLES, Judge.

We note that only plaintiffs Stanley N. Kaplan and Harriet A. Kaplan have filed an appellate brief in this matter; no brief has been filed on behalf of plaintiff Sarah M. Torrence. Accordingly, Torrence's appeal is dismissed. App. R. 14(d)(2). Therefore, any reference to "plaintiffs" in this opinion refers only to Stanley N. Kaplan and Harriet A. Kaplan.

The sole issue on appeal is whether the trial court erred in granting summary judgment in...

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