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COLE v. HUGHES

No. 931SC191.

442 S.E.2d 86 (1994)

114 N.C. App. 424

Walter COLE, Alfreda Cole Lee, Leondas Cole, Virginia Cole Bembury, Hercules Cole, Plaintiffs, v. Cleveland HUGHES, Richard Johnson, James L. Weeks, William L. Sharpe, Jr., and Hercules Cole, Sr., Defendants.

Court of Appeals of North Carolina.

April 19, 1994.

Attorney(s) appearing for the Case

Happy, Mulkey & Warley, L.C. by J. Nelson Happy, Newport News, VA, for plaintiffs-appellees (Brief filed by Frank W. Ballance Jr. & Associates, P.A. by Frank W. Ballance Jr., and John H. Harmon, who were permitted to withdraw as counsel of record).

Clark & Stant, P.C. by Stephen C. Swain, Virginia Beach, VA, and C. Everett Thompson, II, Elizabeth City, for defendants-appellants Cleveland Hughes, Richard Johnson, James L. Weeks, and William L. Sharpe, Jr.

LEWIS, Judge.

On 30 September 1992 plaintiffs filed an action in Pasquotank County Superior Court seeking a declaratory judgment that they are the sole owners of a winning Virginia lottery ticket and its proceeds. Defendants filed an answer and counterclaim contending that the ticket is the property of a joint venture of which both plaintiffs and defendants were members. The trial court granted plaintiffs' motion for a judgment on the pleadings and

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