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BARGER v. McCOY HILLARD & PARKS

No. 262PA96.

488 S.E.2d 215 (1997)

Jerry H. BARGER, H. Wayne Kennerly, and Harry G. Young, Jr. v. McCOY HILLARD & PARKS, A North Carolina General Partnership, David R. McCoy, Michael W. Hillard, Brent H. Parks and Sheila Lee.

Supreme Court of North Carolina.

July 24, 1997.

Attorney(s) appearing for the Case

Caudle & Spears, P.A. by Jeffrey L. Helms and Thad A. Throneburg, Charlotte, for plaintiffs-appellees.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P. by Hatcher Kincheloe, L. Kristin King, and Jennifer Ingram Mitchell, Charlotte, for defendants-appellants.

Smith Helms Mulliss & Moore, L.L.P. by James G. Exum, Jr., Alan W. Duncan, and Larissa Erkman, Greensboro, on behalf of the North Carolina Association of Defense Attorneys, amicus curiae.

Robinson, Bradshaw & Hinson, P.A. by Robert W. Fuller, David C. Wright, III, and Julian H. Wright, Jr., Charlotte, on behalf of the North Carolina Association of Certified Public Accountants, amicus curiae.

WHICHARD, Justice.

Plaintiffs are the sole shareholders and directors of The Furniture House, Inc. (TFH). Defendants are the accountants retained by TFH to perform bookkeeping services. Plaintiffs filed suit alleging that defendants breached several contracts with plaintiffs and made negligent and constructively fraudulent misrepresentations about the financial condition of TFH, with the result that plaintiffs were forced to liquidate TFH in bankruptcy and to pay...

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