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MOSS v. J.C. BRADFORD AND CO.

No. 332PA93.

446 S.E.2d 799 (1994)

337 N.C. 315

Ezra V. MOSS, Jr., Evco Construction Co., Inc., Gary H. Watts, Troy D. Pollard, Bennie J. Springs and Audrey Springs, Plaintiffs-Appellees and Cross-Appellants, v. J.C. BRADFORD AND COMPANY and J.C. Bradford Futures, Inc., Defendants-Appellants and Cross-Appellees.

Supreme Court of North Carolina.

July 29, 1994.

Attorney(s) appearing for the Case

Howard M. Widis, and Hedrick, Eatman, Gardner & Kincheloe by Hatcher B. Kincheloe, Charlotte, for plaintiffs-appellees/cross-appellants.

Moore & Van Allen by James P. McLoughlin, Jr., Charlotte, for defendants-appellants/cross-appellees.

Kennedy Covington Lobdell & Hickman by James P. Cooney III, Charlotte, for Interstate/Johnson Lane Corp., amicus curiae.

McDermott, Will & Emery by Paul J. Pantano, Jr., Washington, DC, and Patterson, Harkavay & Lawrence by Martha A. Geer, Raleigh, for The Futures Industry Ass'n, Inc., amicus curiae.

MITCHELL, Justice.

The issue before us in this case is whether the defendant-appellants (hereinafter "Bradford") wrongfully liquidated the accounts of the plaintiff-appellees (hereinafter "plaintiffs") on the Chicago Mercantile Exchange (hereinafter "CME"). We hold that they did not; therefore, we reverse the decision of the Court of Appeals.

The plaintiffs instituted this action on 15 February 1988. In their complaint, the plaintiffs alleged, inter alia...

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