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L.C. WILLIAMS OIL v. NAFCO CAPITAL CORP.

No. COA97-28.

502 S.E.2d 415 (1998)

L.C. WILLIAMS OIL CO., Plaintiff, v. NAFCO CAPITAL CORP., Defendant.

Court of Appeals of North Carolina.

July 21, 1998.

Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by Robin K. Vinson, Raleigh, for plaintiff-appellee.

Womble Carlyle Sandridge & Rice, P.L.L.C. by Johnny M. Loper, Bonnie Liles, and Christine Sandez, Raleigh, for defendant-appellant.

JOHN, Judge.

Defendant appeals denial of its motion to dismiss. We reverse the trial court.

Pertinent facts and procedural history are as follows: Plaintiff and defendant entered into an agreement entitled "Lease/Finance Proposal" (the agreement), signed by plaintiff on or about 5 December 1995. The agreement designated defendant, NAFCO Capital Corp. (NAFCO; defendant), as "Lessor/Lender" and plaintiff, L.C. Williams Oil Co. (Williams; plaintiff), as "Lessee...

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