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CASWELL REALTY ASSOCIATES v. ANDREWS CO., INC.

No. COA95-295.

466 S.E.2d 310 (1996)

CASWELL REALTY ASSOCIATES I, L.P., Plaintiff, v. ANDREWS COMPANY, INC., f/k/a Hills Foods Stores, Inc. and Nash-Finch Company, Inc., Defendants.

Court of Appeals of North Carolina.

February 6, 1996.

Attorney(s) appearing for the Case

Shipman & Lea by Gary K. Shipman, Wilmington, for plaintiff-appellant.

Marshall, Williams & Gorham, L.L.P. by Lonnie B. Williams, Wilmington, for defendant-appellee Andrews Company, Inc.

Maupin Taylor Ellis & Adams, P.A. by Gilbert C. Laite III, Raleigh, for defendant-appellee Nash-Finch Company, Inc.

SMITH, Judge.

Plaintiff, Caswell Realty Associates, filed a civil action against defendant, Andrews Company, Inc. (Andrews) on 15 January 1991. The parties settled that suit. A notice of voluntary dismissal with prejudice was filed on 12 January 1994. On 3 March 1994, plaintiff filed a Rule 60(b) motion for relief from the settlement and stipulation of dismissal, alleging that the settlement had been procured by defendant Andrews' fraudulent conduct.

The motion...

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