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LEE v. MUTUAL COMMUNITY SAVINGS BANK, SSB

No. COA99-413.

525 S.E.2d 854 (2000)

J. Kenneth LEE and Michele P. Lee, Co-Executors of the Estate of Michael E. Lee, Deceased, and Sandra H. Lee, (Widow of Michael E. Lee, Deceased), Plaintiffs, v. MUTUAL COMMUNITY SAVINGS BANK, SSB (Successor by Merger to American Federal Savings and Loan Association of Greensboro), J. Steven Lee and The St. Paul Fire and Marine Insurance Company, Defendants.

Court of Appeals of North Carolina.

March 7, 2000.

Attorney(s) appearing for the Case

Ronald Barbee, Greensboro, for plaintiff-appellants.

Little & Little, PLLC, by Cathryn M. Little, Raleigh, for defendant-appellees.

GREENE, Judge.

J. Kenneth Lee and Michele P. Lee, co-Executors of the Estate of Michael E. Lee, Deceased, and Sandra H. Lee (Widow of Michael E. Lee, Deceased) (collectively, Plaintiffs) appeal an order filed 7 December 1998 in favor of J. Steven Lee (Lee) and The St. Paul Fire and Marine Insurance Company (St. Paul), granting St. Paul's and Lee's motion to dismiss Plaintiffs' claim against them pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure...

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