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TITLE INS. CO. OF MINNESOTA v. SMITH, DEBNAM, HIBBERT AND PAHL

No. 366A95.

467 S.E.2d 241 (1996)

342 N.C. 887

TITLE INSURANCE COMPANY OF MINNESOTA v. SMITH, DEBNAM, HIBBERT AND PAHL, a North Carolina General Partnership, and W. Thurston Debnam, Jr., Fred J. Smith, Jr., Carl W. Hibbert, Jr., J. Larkin Pahl, John W. Narron and Bettie Kelley Sousa, General Partners.

Supreme Court of North Carolina.

March 8, 1996.

Attorney(s) appearing for the Case

Perry, Patrick, Farmer & Michaux, P.A. by Roy H. Michaux, Jr. and John H. Carmichael, Charlotte, for plaintiff-appellee and -appellant.

Crews & Klein, P.C by Paul I. Klein, James P. Crews, and James N. Freeman, Jr., Charlotte, for defendants-appellees and -appellants.

PER CURIAM.

As to the sole issue brought forward on appeal by the dissent in the Court of Appeals, the decision of the court by Judge Lewis is affirmed except that the following sentence in the opinion is disavowed and stricken: "We agree that plaintiff suffered no actual damages until it cancelled the deed of trust, which it did while the jury deliberated." Title Ins. Co. of Minn. v. Smith, Debnam, Hibbert and Pahl, 119 N.C. App. 608, 611,

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