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FENDER v. DEATON

No. COA97-1252.

503 S.E.2d 707 (1998)

Britt FENDER and Rebuildable Cars, Inc., Plaintiffs, v. W. Robinson DEATON, Jr., Defendant.

Court of Appeals of North Carolina.

September 1, 1998.

Attorney(s) appearing for the Case

John E. Hodge, Jr., Charlotte, for plaintiffs-appellants.

Dean & Gibson, L.L.P. by Rodney A. Dean and Cheryl L. Kaufman, Charlotte, for defendant-appellee.

WALKER, Judge.

Plaintiffs filed an action against defendant on 9 October 1996, alleging fraud, constructive fraud, and negligence, based on legal malpractice. Plaintiffs attempted service of process on defendant on 11 October 1996, by certified mail, return receipt requested, pursuant to N.C. Gen.Stat. § 1A-1, Rule 4(j)(1)(c) (Cum.Supp.1997). The certified mail which included the summons and complaint was addressed to the defendant at his law office and was received...

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