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WHITACRE PARTNERSHIP v. BIOSIGNIA, INC.

No. COA01-1549.

574 S.E.2d 475 (2002)

WHITACRE PARTNERSHIP, Plaintiff, v. BIOSIGNIA, INC., T. Nelson Campbell and T. Colin Campbell, Defendants.

Court of Appeals of North Carolina.

November 5, 2002.

Attorney(s) appearing for the Case

Farmer and Watlington, L.L.P., by R. Lee Farmer, Yanceyville, and Bill T. Walker, Granite City, IL., for plaintiff-appellant.

Parker, Poe, Bernstein, & Adams, P.C., by Robert W. Spearman, Raleigh, and Steptoe & Johnson, LLP, by J. William Koegel, Jr., Washington, DC., for defendants-appellees.

TYSON, Judge.

Whitacre Partnership appeals from an award of summary judgment in favor of defendants, BioSignia, Inc., T. Nelson Campbell and T. Colin Campbell entered 13 July 2001. We reverse and remand for further proceedings.

I. Facts

Whitacre Partnership ("Partnership" or "plaintiff") is an Illinois limited partnership. The general partners are Dr. Mark E. Whitacre and his wife, Ginger L. Whitacre, ("the Whitacres") and the limited partners...

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