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EASTERWOOD v. BURGE

No. 9217SC628.

437 S.E.2d 902 (1994)

113 N.C. App. 265

C.M. EASTERWOOD and wife, Martha M. Easterwood; James C. Hicks and wife, Hilda L. Hicks; Terry A. Ward and wife, Dorothy S. Ward; John R. Hoover and wife, Rebecca M. Hoover; Albert Loy, Jr., and wife Carolyn Loy; G.G. Lothian and wife, Linda M. Lothian; Chesley Overby and wife, Betty Overby; Barbara B. Jones and husband, Ronnie Jones; David M. Vaughn and wife, Xandra W. Vaughn; Dale A. Farrar; Ira Trollinger and wife, Nancy F. Trollinger; Tommy Schoolfield and wife, Hazel Schoolfield, Plaintiffs v. Gary D. BURGE and wife, Betty J. Burge, Defendants.

Court of Appeals of North Carolina.

January 4, 1994.

Attorney(s) appearing for the Case

Gwyn, Gwyn & Farver by Julius J. Gwyn, Reidsville, for plaintiffs-appellees.

Walker, Melvin & Berger by Philip E. Berger, Eden, for defendants-appellants.

JOHNSON, Judge.

This case has been to our Court previously. We restate the preliminary facts underlying this action as found in Easterwood v. Burge, 103 N.C. App. 507, 405 S.E.2d 787 (1991):

Defendants acquired a 1.313 acre lot in the Easterwood Subdivision (hereafter, the Easterwood lot) subject to a restrictive covenant [one of which are hereafter, the Easterwood restrictions...

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