RUFF v. PAREX, INC.

No. COA98-305.

508 S.E.2d 524 (1998)

William Arthur RUFF, and wife Barbara Ann Ruff, Peter T. Brown, and wife Marlee Murphy Brown, Joan Bozeman, Robert F. Pentz, Ernest L. Liborio, and wife Lois P. Liborio, Mary Frances Dillon, Don Clark, and wife Patricia A. Clark, and Andrew J. Hutchinson, and wife Carol A. Hutchinson, and Miller Homes, Inc., f/k/a Rustic Homes of Wilmington, Inc., Plaintiffs, v. PAREX, INC., Sto Corp., W.R. Bonsal Company, Continental Stucco Products, Senergy, Inc., and Thomas Waterproof Coatings Co., Dryvit Systems, Inc., United States Gypsum Co., and Shields Industries, Inc., Defendants.

Court of Appeals of North Carolina.

December 1, 1998.


Attorney(s) appearing for the Case

Shipman & Associates, L.L.P., by Gary K. Shipman, Wilmington, for plaintiffs-appellees.

Womble Carlyle Sandridge & Rice, by Jerry S. Alvis, Raleigh, for defendants-appellants.


HORTON, Judge.

Considering the substantial interests involved, we allow in our discretion defendants' refiled petition for certiorari and consider the appeal on its merits pursuant to N.C.R.App. P. 2.

Defendants assign error to the denial of their motions to join third parties and to the conclusion of the trial court that it was bound by the class certification orders previously entered by another trial judge. The first issue on appeal is whether the trial...

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