STOLFO v. KERNODLE

No. COA94-360.

455 S.E.2d 869 (1995)

118 N.C. App. 580

Vito STOLFO and Florence Stolfo, Plaintiffs, v. Ruby KERNODLE and Harold Kernodle, Defendants.

Court of Appeals of North Carolina.

April 18, 1995.


Attorney(s) appearing for the Case

Civil Legal Assistance Clinic by Walter H. Bennett, Jr., Chapel Hill, and North State Legal Services by Carlene McNulty, Hillsborough, for plaintiff-appellants.

Latham, Wood, Hawkins & Whited by James F. Latham, Graham, for defendant-appellees.


McGEE, Judge.

The plaintiffs present two issues on appeal: (1) whether a landlord renting limited residential properties operates in or affects commerce as a matter of law; and (2) if there is a genuine issue of material fact as to whether the defendants in this case were operating in or affecting commerce. This case is resolved by our decision under the first issue and we need not address the second issue. For the reasons stated below, we reverse.

Defendant...

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