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SUTTON WOODWORKING MACH. CO. v. DKLS, INC.

No. 9318SC295.

439 S.E.2d 806 (1994)

SUTTON WOODWORKING MACHINE COMPANY, Plaintiff, v. DKLS, INC. (formerly Buss Automation, Inc.), Damsmith Corporation, and U.S. Natural Resources, Inc., Defendants.

Court of Appeals of North Carolina.

February 15, 1994.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by Mack Sperling, Greensboro, for plaintiff-appellant.

Staton, Perkinson, Doster, Post, Silverman and Adcock by Ronald L. Perkinson and Diane W. Stevens, Sanford, for defendants-appellees.

ARNOLD, Chief Judge.

This dispute concerns the applicability of the bulk transfer provisions in Article 6 of the Uniform Commercial Code. A bulk transfer is "any transfer in bulk and not in the ordinary course of the transferor's business of a major part of the materials, supplies, merchandise or other inventory ... of an enterprise subject to [Article 6]." N.C.Gen.Stat. § 25-6-102(1) (1986). A transfer of a substantial part of an enterprise's equipment is also...

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