UNITED LABORATORIES, INC. v. KUYKENDALL

No. 243PA91.

437 S.E.2d 374 (1993)

335 N.C. 183

UNITED LABORATORIES, INC., a Delaware Corporation v. William Douglas KUYKENDALL and Share Corporation, a Wisconsin Corporation.

Supreme Court of North Carolina.

December 3, 1993.


Attorney(s) appearing for the Case

Petree Stockton by Jackson N. Steele, Charlotte, Schwartz & Freeman by Paul G. Simon and Jamie A. Maloney, Chicago, IL, for plaintiff-appellee.

Brock, Drye & Aceto, P.A. by Michael W. Drye, Ashville, for defendant-appellant Share Corp.


EXUM, Chief Justice.

We allowed defendant Share Corporation's petition for discretionary review in order to consider whether and to what extent a claimant who successfully prosecutes both a common law claim and an unfair practices claim under Chapter 75 of our General Statutes is required to elect between remedies when both claims arise out of essentially the same conduct.

This case has occupied the parties and the courts for a number of years. The essence...

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