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INTERNET EAST v. DURO COMMUNICATIONS

No. COA00-1154.

553 S.E.2d 84 (2001)

INTERNET EAST, INC., Steven I. Cohen, And Antonio Marie, III, Plaintiff-Appellees, v. DURO COMMUNICATIONS, INC., Defendant-Appellant.

Court of Appeals of North Carolina.

October 2, 2001.

Attorney(s) appearing for the Case

McLawhorn & Associates, by Charles L. McLawhorn, Jr., Greenville, for plaintiff-appellees.

Harris, Shields, Creech and Ward, P.A., by C. David Creech, W. Gregory Merritt; and Goodwin Procter, LLP, by Anthony S. Fiotto, New Bern, for defendant-appellant.

MARTIN, Judge.

Defendant appeals from the trial court's order allowing plaintiffs' motion to stay arbitration and denying defendant's motion to compel arbitration and to stay proceedings. Based upon the record before us, it appears that on 25 May 1998, plaintiffs Steven I. Cohen and Antonio Marie, III, entered into a pre-incorporation agreement in which they agreed to form the corporation known as "Internet East, Inc." Their business was to involve the operation of...

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