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JEFFERSON-PILOT LIFE INSURANCE CO. v. SMITH HELMS MULLISS & MOORE

No. 9118SC1289.

429 S.E.2d 183 (1993)

110 N.C. App. 78

JEFFERSON-PILOT LIFE INSURANCE COMPANY, Plaintiff, v. SMITH HELMS MULLISS & MOORE, a North Carolina Partnership, Defendant and Third Party Plaintiff, v. NORTH GREENE ASSOCIATES LIMITED PARTNERSHIP, a North Carolina Limited Partnership, Third Party Defendant.

Court of Appeals of North Carolina.

May 4, 1993.

Attorney(s) appearing for the Case

Elrod & Lawing, P.A. by Frederick K. Sharpless, Greensboro, for plaintiff-appellee.

Bell, Davis & Pitt by William K. Davis, Winston-Salem, for defendant and third party plaintiff-appellant.

Adams, Kleemeier, Hagan Hannah & Fouts by Daniel W. Fouts, Greensboro, for third party defendant-appellant.

Troutman, Sanders Lockerman & Ashmore by Robert W. Webb, Jr., Atlanta, GA, for third party defendant-appellant.

ARNOLD, Chief Judge.

Apparently there is no dispute over the calculation of the increased operating expenses nor over defendant's liability for those costs under the 1977 lease. Instead, the issue raised by appellants' assignment of error is did the lease termination agreement, specifically the release language, eliminate defendant's obligation to pay the increased operating expenses. Therefore, the decision in this case boils down to a matter of contract interpretation...

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