SWAN QUARTER FARMS, INC. v. SPENCER

No. COA98-740.

514 S.E.2d 735 (1999)

SWAN QUARTER FARMS, INC., Plaintiff, v. Roger A. SPENCER and wife, Dorothy C. Spencer; Benjamin Cahoon and wife, Melanie S. Cahoon; and Jeffrey D. Gibbs and wife, Jennifer S. Gibbs.

Court of Appeals of North Carolina.

May 4, 1999.


Attorney(s) appearing for the Case

Hornthal, Riley, Ellis and Maland, by L.P. Hornthal, Jr. and M.H. Hood Ellis, Elizabeth City, for plaintiff-appellee.

Moore & Van Allen, PLLC, by David E. Fox and Christopher J. Blake, Raleigh, for defendant-appellants.


EAGLES, Chief Judge.

We first consider whether the trial court erred in granting plaintiff's motion for summary judgment because the trial court should have disregarded the plaintiff's corporate form to determine the true nature of the real parties and their interests. Defendants contend that if the trial court had examined the plaintiff rather than relying on plaintiff's corporate identity, "the trial court would have found Mr. Knott seeking to reap an economic windfall...

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