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BRIARGATE CONDOMINIUM ASS'N, INC. v. CARPENTER

No. 91-1890.

976 F.2d 868 (1992)

BRIARGATE CONDOMINIUM ASSOCIATION, INCORPORATED, Plaintiff-Appellee, v. Judith Turner CARPENTER, a/k/a Judy Hicks, Defendant-Appellant, and Briargate Homes, a North Carolina Partnership; Harry C. Grimmer; Vernon C. Smith; William E. Goodall, Jr.; Porter W. Hicks; Gerald C. Bullock; Linwood E. Ham, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Charles William Sydnor Thompson, Parker, Poe, Adams & Bernstein, Charlotte, N.C., argued (David N. Allen, Craig T. Lynch, Parker, Poe, Adams & Bernstein, Charlotte, N.C., Stephen F. McKinney, Haynsworth, Marion, McKay & Guerard, Columbia, S.C., on brief), for defendant-appellant.

Michael Hart Montgomery, Lide, Montgomery & Potts, P.C., Columbia, S.C., argued (Vinton D. Lide, on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, HAMILTON, Circuit Judge, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

HAMILTON, Circuit Judge:

Judith Carpenter appeals the decision of the district court, entered after a trial to the bench, holding her liable as a general partner for debts of the Briargate Homes partnership (Briargate Homes or the Partnership) to Briargate Condominium Association, Incorporated (the Association). Carpenter asserts that the district court erred in concluding that she had not effectively withdrawn from the Partnership pursuant to N...

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