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CLARK v. PENLAND

No. COA00-1152.

552 S.E.2d 243 (2001)

Talmyr CLARK, Colin A. Holway and Michael D. Baker, in their respective individual capacities and, alternatively, in their capacities officers, directors and shareholders of Fibercap, Inc., Plaintiffs, v. Kristopher PENLAND, Randy Penland, David Penland, in their individual capacities and in their respective capacities as officers, directors and shareholders of Fibercap, Inc. and Fibercap Digital, Inc.; and Fibercap, Inc.; and Fibercap Digital, Inc., Defendants.

Court of Appeals of North Carolina.

September 18, 2001.

Attorney(s) appearing for the Case

Jordan, Price, Wall, Gray, Jones & Carlton, P.L.L.C., by Paul T. Flick and Jonathan P. Carr, Raleigh, for plaintiff-appellee.

Parker & Howes, L.L.P., by David P. Parker, Statesville, for defendant-appellant.

TYSON, Judge.

David Penland and Randy Penland ("defendants") appeal the trial court's entry of default and default judgment 30 March 2000 in favor of Talmyr Clark, Colin A. Holway, Michael D. Baker, and Fibercap, Inc. ("plaintiffs") and order denying defendants' motion for relief dated 25 May 2000.

I. Facts

Plaintiffs and defendants agreed to incorporate Fibercap, Inc. for the installation and sale of fiber optic communications cable and conduit...

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