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MIDDLETON v. RUSSELL GROUP, LTD.

No. COA96-355.

483 S.E.2d 727 (1997)

James A. MIDDLETON, Jr. and Julie T. Middleton, v. THE RUSSELL GROUP, LTD. (formerly Ads, Inc.), Brooke Licensing, and Life Insurance Company of Georgia.

Court of Appeals of North Carolina.

April 15, 1997.

Attorney(s) appearing for the Case

Smith, Follin & James, L.L.P. by J. David James, Greensboro, for plaintiffs.

Floyd Allen and Jacobs, L.L.P. by Jack W. Floyd and Constance Floyd Jacobs, Greensboro, for defendants The Russell Group, Ltd. and Brooke Licensing.

Frazier, Frazier & Mahler, L.L.P. by Harold C. Mahler, Cynthia R. Jarrell, and Torin L. Fury, Greensboro, for defendant Life Insurance Company of Georgia.

WYNN, Judge.

On 27 April 1992, Charlie Russell, owner and president of defendant ADS, Inc. (subsequently changed to "The Russell Group" and hereinafter referred to as "ADS/Russell") hired plaintiff James Allen Middleton, Jr. as an advertising consultant. As part of the employment agreement, ADS/Russell agreed to enroll Middleton and his family in its employee health insurance plan.

Under a contract with defendant Brooke Licensing (a holding company also owned...

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