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C.W. & P. PARTNERSHIP v. PATE

No. 60P96.

468 S.E.2d 776 (1996)

C.W. & P. PARTNERSHIP, a North Carolina general partnership, and Charles R. Wellons v. Bobby G. PATE, Joyce M. Pate, James D. Pate, Elizabeth T. Pate, B & K Builders, Inc., William A. Smith, Katie C. Smith, Julian F. Marshall, Elaine F. Marshall, F. Roger Page, Jr., Doris B. Page, Ernest J. Sewell, as trustee for Branch Banking and Trust Company, G.W. Holden, as trustee for Branch Banking and Trust Company, Tim, Inc., a North Carolina corporation, as trustee for NCNB National Bank of North Carolina (now known as NationsBank of North Carolina, N.A.), William F. Potts, Jr., as trustee for Branck Banking and Trust Company, Branch Banking and Trust Company, A North Carolina banking corporation, T.D. Poole, Frank E. Johnson, William E. Johnson, Rebecca C. Johnson, T.D. Poole, Inc., The Z Corporation, a North Carolina corporation, Joseph A. Calder, as trustee for Thomas Duane Poole, Sr., F & W Builders, Inc., William Joslin and Charles H. Sedberry, as trustees for Carolina Builders Corporation, and Steve A. Strickland.

Supreme Court of North Carolina.

April 3, 1996.

Attorney(s) appearing for the Case

William W. Pollock, David K. Liggett, Raleigh, Charles B. Nye, Durham, for C.W. & P. et al.

Ronald H. Garber, Raleigh, for Smith, Johnson, F & W & Poole.

ORDER

Upon consideration of the petition filed by Plaintiffs 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 order of the Court in conference, this the 3rd day of...

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