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CHEMIMETALS PROCESSING, INC. v. SCHRIMSHER

No. COA99-880.

535 S.E.2d 594 (2000)

CHEMIMETALS PROCESSING, INC., Plaintiff, v. Frank L. SCHRIMSHER, Robert L. Lindsey, Jr. and Howard H. Bradshaw, Jr., Defendants and Third-Party Plaintiffs. James R. Middleswarth, Edward Bowers and Middleswarth, Bowers & Company, L.L.P., Defendants, v. Jeffrey W. McEneny and Vibra-Chem Company, Third-Party Defendants.

Court of Appeals of North Carolina.

September 19, 2000.

Attorney(s) appearing for the Case

Arthurs & Foltz, by Douglas P. Arthurs, and Whitesides & Kenny, by Henry M. Whitesides, Gastonia, for the plaintiff-appellant.

John A. Mraz, P.A., by John A. Mraz, Asheville, for defendants and third-party plaintiff-appellees Frank L. Schrimsher, Robert L. Lindsey, Jr. and Howard H. Bradshaw, Jr.

Carruthers & Roth, P.A., by Michael J. Allen, Greensboro, for defendant-appellees James R. Middleswarth, Edward Bowers and Middleswarth, Bowers & Company, L.L.P.

James, McElroy & Diehl, P.A., by Bruce M. Simpson, Charlotte, for third-party defendant-appellees Jeffrey W. McEneny and Vibra-Chem Company.

LEWIS, Judge.

In this appeal, our sole task is to determine whether a release executed between plaintiff Chemimetals Processing, Inc. and third-party defendants in this action, Jeffrey W. McEneny and Vibra-Chem Company, bars plaintiff's claims in a subsequent action against the remaining defendants in this appeal.

The significant course of events leading up to this appeal are as follows. In 1986, the owner of Chemimetals Processing, Inc. ("Chemimetals") entered...

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