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BARBEE v. ATLANTIC MARINE SALES & SERVICE

No. 9226SC1141.

446 S.E.2d 117 (1994)

115 N.C. App. 641

Coy D. BARBEE and Virginia T. Barbee v. ATLANTIC MARINE SALES & SERVICE, INC., and Mako Marine, Inc. MAKO MARINE, INC. v. ATLANTIC MARINE SALES AND SERVICE, INC. and Christopher Floyd.

Court of Appeals of North Carolina.

August 2, 1994.

Attorney(s) appearing for the Case

Hedrick, Eatman, Gardner & Kincheloe by John F. Morris and Jeffrey D. Penley, and Blair, Conaway, Bograd & Martin by Bentford E. Martin and Brien D. Stockman, Charlotte, for appellant Mako Marine, Inc.

Horack, Talley, Pharr & Lowndes, P.A. by Robert C. Stephens and James H. Pulliam, Charlotte, for plaintiffs-appellees Coy D. Barbee and Virginia T. Barbee.

Parker, Poe, Adams & Bernstein by William E. Poe, Frank A. Hirsch, Jr., and Andrew D. Shore, Charlotte, for defendant-appellee Atlantic Marine Sales & Service, Inc.

McCRODDEN, Judge.

This case tests the propriety of (I) the trial court's instructions to the jury, (II) its submission to the jury of issues of unfair and deceptive acts or practices under Chapter 75 of the General Statutes, (III) the court's award of attorney's fees under the same chapter, (IV) its refusal to dismiss plaintiff's action on the basis that the statute of limitations had run, and (V) the amount of damages the trial court ordered it to pay.

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