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CALTON v. CALTON

No. 222P95.

462 S.E.2d 506 (1995)

341 N.C. 647

W.C. CALTON, Jr. and Mary H. Calton, Executors of the Estate of Wilburn Clyde Calton, Plaintiffs, and Phillip Byron Calton, Individually and as a shareholder of North Carolina Equipment Company, Intervenor-Plaintiff, v. Renneth Javan ("Van") CALTON, W.C. Calton, Jr., Raymond H. Kees, and Howard E. Manning, Trustees of the "Stock Trust" created under the Will of W.C. Calton, Mary C. Fernandez Decastro, Renneth Javan Calton, Phillip Byron Calton, W.C. Calton, Jr. and Mary H. Calton, Trustees of the "Marital Trust" created under the Will of W.C. Calton, and North Carolina Equipment Company, Defendants.

Supreme Court of North Carolina.

October 5, 1995.

Attorney(s) appearing for the Case

William E. West, Jr., Winston-Salem, for Phillip Byron Calton.

Jack P. Gulley, Raleigh, for W.C. Calton, Jr., et al.

John V. Hunter, III, Raleigh, for Renneth Calton, et al.

Joseph W. Eason, A. Bailey Nager, Raymond Mason Taylor, Raleigh, for NC Equipment Company.

Prior report: 118 N.C. App. 439, 456 S.E.2d 520.

ORDER

Upon consideration of the petition filed by Intervenor-Plaintiff (Phillip Byron Calton) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by...

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