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ESTATE OF SMITH, BY & THROUGH SMITH v. UNDERWOOD

No. COA96-593.

487 S.E.2d 807 (1997)

The ESTATE OF Ada T. SMITH, By and Through her Executor, James T. SMITH; Ada Kelly Smith Hines; Jane Elizabeth Smith Yeargan; The Estate of Marie Smith Wallace by and through her Executor, James T. Smith; Marvin Simeon Honeycutt, individually and as Secretary of Smith-S, Inc., Sue Worthington Smith; James Thomas Smith, individually, as Trustee of the W.H. Smith Trust, as Trustee of the Ada T. Smith Trust, and as President of Smith-S, Inc., and wife, Dorothy Cobb Smith, Alfred Lewis Smith, individually and as Vice-President of Smith-S, Inc., and wife, Jean Newkirk Smith; and Smith-S, Inc., a North Carolina Corporation, Plaintiffs v. Sam B. UNDERWOOD, Jr.; James G. Sullivan; and John C. Proctor & Company, Defendants.

Court of Appeals of North Carolina.

August 5, 1997.

Attorney(s) appearing for the Case

Bass, Bryant & Moore by John Walter Bryant and William E. Moore, Jr., Raleigh, for plaintiffs.

Harris, Shields and Creech, P.A. by Mary V. Ringwalt and Robert S. Shields, Jr., New Bern, for defendant Underwood.

Womble Carlyle Sandridge & Rice by Christopher T. Graebe, Raleigh, for defendants Sullivan and John C. Proctor & Company.

JOHN C. MARTIN, Judge.

Plaintiffs brought this action against defendant Underwood, an attorney, defendant John C. Proctor & Co., an accounting firm, and defendant Sullivan, a certified public accountant and employee of John C. Proctor & Co., alleging professional negligence and breach of fiduciary duty. Plaintiffs sought damages from all defendants and injunctive relief against defendant Underwood to compel him to render an accounting and provide access to...

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