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HOISINGTON v. ZT-WINSTON-SALEM ASSOCIATES

No. 339PA99.

525 S.E.2d 173 (2000)

351 N.C. 342

Walter L. HOISINGTON, as Guardian Ad Litem for Jill Lee Marker, an incompetent, Plaintiff, v. ZT-WINSTON-SALEM ASSOCIATES, Zaremba Associates Limited Partnership, Zaremba Realty Corporation, Toys "R" Us, Inc., Toys "R" Us-Delaware, Inc., Winston-Salem Retail Associates Limited Partnership, Centerpoint Southern, Inc., and The Wackenhut Corporation, Defendants. ZT-Winston-Salem Associates, Zaremba Associates Limited Partnership, Zaremba Realty Corporation, Toys "R" Us, Inc., Toys "R" Us-Delaware, Inc., Winston-Salem Retail Associates Limited Partnership, and Centerpoint Southern, Inc., Defendants/Third-Party Plaintiffs, v. The Tree Factory, Inc., d/b/a The Silk Plant Forest, Third-Party Defendant.

Supreme Court of North Carolina.

March 3, 2000.

Attorney(s) appearing for the Case

Comerford & Britt, L.L.P., by W. Thompson Comerford, Jr., and Clifford Britt, Winston-Salem, for plaintiff-appellant Walter Hoisington.

Moss & Mason, by Joseph W. Moss and Matthew L. Mason, Greensboro, for defendant/third-party plaintiff-appellants ZT-Winston-Salem Associates; Zaremba Associates Limited Partnership; Zaremba Realty Corporation; Toys "R" Us-Delaware, Inc.; and Winston-Salem Retail Associates Limited Partnership.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Allan R. Gitter, Richard T. Rice, and Jack M. Strauch, Winston-Salem, for defendant-appellee The Wackenhut Corporation.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Paul C. Lawrence, Charlotte, for third-party defendant-appellant The Tree Factory, Inc.

PER CURIAM.

DISCRETIONARY REVIEW AND WRIT OF CERTIORARI IMPROVIDENTLY ALLOWED.

Justice MARTIN did not participate in the consideration or decision...

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