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HENDERSON v. U.S. FIDELITY & GUAR. CO.

No. COA95-1206.

476 S.E.2d 459 (1996)

James E. HENDERSON and wife, Glenda J. Henderson, Plaintiffs-appellees, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Glenda Linton and Great American Insurance Company, Defendants-appellants.

Court of Appeals of North Carolina.

October 15, 1996.

Attorney(s) appearing for the Case

McMillan, Smith & Plyler, Raleigh by James M. Kimzey, Brevard, and Katherine E. Jean, Raleigh, for plaintiffs-appellees.

Wilson & Iseman, L.L.P. by G. Gray Wilson and Elizabeth Horton, Winston-Salem, for defendant-appellant U.S. Fidelity & Guaranty Company.

Patterson, Dilthey, Clay & Bryson, L.L.P. by Ronald C. Dilthey and G. Lawrence Reeves, Jr., Raleigh, for defendant-appellant Great American Insurance Company.

JOHN C. MARTIN, Judge.

In September 1989, plaintiffs brought a civil action against Clifton Hicks Builder, Inc., ("Hicks") and others, alleging multiple claims for relief, including claims for negligence, breach of implied warranty, and unfair and deceptive practices in violation of G.S. § 75-1.1 et seq. The action arose out of a real estate transaction in which plaintiffs purchased from Hicks a residence situated in a drainage area subject to severe flooding...

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