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BARGER v. McCOY HILLARD & PARKS

No. COA94-876.

469 S.E.2d 593 (1996)

122 N.C. App. 391

Jerry H. BARGER, H. Wayne Kennerly, and Harry G. Young, Jr., Plaintiffs, v. McCOY HILLARD & PARKS, A North Carolina General Partnership, David R. McCoy, Michael W. Hillard, Brent H. Parks and Sheila Lee, Defendants.

Court of Appeals of North Carolina.

May 7, 1996.

Attorney(s) appearing for the Case

Caudle & Spears, P.A., by Thad A. Throneburg and Jeffrey L. Helms, Charlotte, for plaintiffs-appellants.

Hedrick, Eatman, Gardner & Kincheloe, by Hatcher Kincheloe, L. Kristin King, and James J. Hutton, Charlotte, for defendants-appellees.

JOHN C. MARTIN, Judge.

Plaintiffs' Petition for Rehearing of our decision filed 3 October 1995, reported at 120 N.C. App. 326, 462 S.E.2d 252, was allowed on 29 November 1995 pursuant to Rule 31 of the North Carolina Rules of Appellate Procedure. We allowed the filing of supplemental briefs.

Upon review, we conclude that our earlier opinion was in error in characterizing plaintiffs' negligent misrepresentation claim as an...

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