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SMITH v. MARTIN

No. COA95-551.

478 S.E.2d 228 (1996)

C. Dupree SMITH and wife, Mae L. Smith, Plaintiffs, v. J. Matthew MARTIN, Defendant and Third Party Plaintiff, v. Robert HASSELL, Third-Party Defendant.

Court of Appeals of North Carolina.

December 3, 1996.

Attorney(s) appearing for the Case

Brown & Bunch by Charles Gordon Brown and Scott D. Zimmerman, Chapel Hill, for plaintiff-appellees.

Bryant, Patterson, Covington & Idol, P.A. by Lee A. Patterson, II, Durham, for defendant-appellant.

McGEE, Judge.

Defendant argues summary judgment for the Smiths was inappropriate because: 1) there were genuine issues of material fact as to what duty the defendant owed the Smiths; 2) the Smiths suffered no damages from any actions by the defendant because of an agreement to subordinate their loan to the UCB loan; and 3) there were genuine issues of material fact regarding the reasonableness of the damages awarded. Upon review of

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