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WALKER v. BRANCH BANKING AND TRUST CO.

No. COA98-894.

515 S.E.2d 727 (1999)

Charles Calvin WALKER, Plaintiff, v. BRANCH BANKING AND TRUST COMPANY and Thomas K. Manning, Defendants. Branch Banking and Trust Company, Third-Party Plaintiff, v. Myron Lenoir Moore, Executor of the Estate of Steven C. Walker, Third-Party Defendant.

Court of Appeals of North Carolina.

June 15, 1999.

Attorney(s) appearing for the Case

Latham & Wood, L.L.P., by James F. Latham, Graham, for plaintiff-appellant.

Vernon, Vernon, Wooten, Brown, Andrews & Garrett, P.A., by Mark A. Jones, Burlington, for defendant and third-party plaintiff-appellee.

HORTON, Judge.

Plaintiff assigned error to the trial court's denial of his motion for partial summary judgment on his claim against defendants for unfair trade practices, and the trial court's grant of summary judgment for defendants on all of plaintiff's claims.

To prevail on a claim based on an alleged unfair trade practice,

a plaintiff must show (1) an unfair or deceptive act or practice, or unfair method of competition, (2) in or affecting commerce...

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