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CARPENTER v. BREWER HENDLEY OIL CO.

No. COA00-765.

549 S.E.2d 886 (2001)

Linda CARPENTER, David Paul Brown, and Marcelle H. Brown, Plaintiffs, v. BREWER HENDLEY OIL COMPANY, Defendant.

Court of Appeals of North Carolina.

August 7, 2001.

Attorney(s) appearing for the Case

Drake & Pleasant, by Robert S. Pleasant, Marshville, for plaintiffs-appellants.

Griffin, Smith, Caldwell, Helder & Lee, P.A., by W. David Lee and Annika M. Goff, Monroe, for defendant-appellee.

HUDSON, Judge.

Plaintiffs appeal from an order dismissing their declaratory judgment action. We affirm.

On 18 February 1999, plaintiffs filed a complaint seeking a declaratory judgment regarding the ownership of certain underground gas tanks (the gas tanks) located on certain property in Morven, North Carolina (the property) upon which is located a business commonly referred to as the "Morven Drive-In." The complaint alleges that plaintiffs purchased the property...

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