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WINANT v. BOSTIC

Nos. 92-1975, 92-1976 and 92-2164.

5 F.3d 767 (1993)

Jeffrey WINANT; Doree M. Gerold, Plaintiffs-Appellees, v. Marlowe F. BOSTIC; F. Roger Page, Defendants-Appellants, and Peter P. Green, III; Patricia F. Green, Defendants. Robert T. DeSMEDT; Dale S. DeSmedt, Plaintiffs-Appellees, v. Marlowe F. BOSTIC; F. Roger Page, Defendants-Appellants, and Peter P. Green, III; Patricia F. Green, Defendants. James N. STANARD; Janet G. Stanard; John S. Donnell, Plaintiffs-Appellees, v. Marlowe F. BOSTIC; F. Roger Page, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1993.

Attorney(s) appearing for the Case

Roy Connelly Bain, Wilmington, NC; Harrell Powell, Jr., Law Offices of Harrell Powell, Jr., Winston-Salem, NC, argued (Mary Elizabeth Wertz, Wilmington, NC, on the brief), for defendants-appellants.

Gary Keith Shipman, Joel Robert Rhine, Shipman & Lea, Wilmington, NC, argued, for plaintiffs-appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WIDENER and NIEMEYER, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

Marlowe F. Bostic and F. Roger Page undertook the development of approximately 18 acres of oceanfront property in Onslow County, North Carolina, calling their project Ocean Ridge Village. The project, consisting of 88 individual homesites and common areas, was advertised and marketed as a "world class resort by the sea." Contending that Bostic and Page misrepresented material aspects...

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