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DAUGHTRY v. DAUGHTRY

No. COA97-591.

497 S.E.2d 105 (1998)

Clifton I. DAUGHTRY, Plaintiff, v. Louise N. DAUGHTRY, Defendant.

Court of Appeals of North Carolina.

March 3, 1998.

Attorney(s) appearing for the Case

Daughtry, Woodard, Lawrence & Starling, L.L.P. by Stephen C. Woodard, Jr., Smithfield, and Edward P. Hausle, P.A. by Edward P. Hausle, Winterville, for plaintiff-appellee.

Mast, Schulz, Mast, Mills & Stem, P.A. by George B. Mast, Bradley N. Schulz, and Christie C. Stem, Smithfield, for defendant-appellant.

GREENE, Judge.

Louise N. Daughtry (defendant) appeals from an order of the trial court dismissing her counterclaims against Clifton I. Daughtry (plaintiff) pursuant to Rule 12(b)(6).

The facts are as follows: the plaintiff and the defendant were married on 20 August 1971 and separated on 28 March 1994. On 21 December 1994, the plaintiff and the defendant signed a separation and property settlement agreement (Agreement) in which the defendant waived any claims...

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