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GOVERNORS CLUB v. GOVERNORS CLUB P'SHIP

No. COA01-394.

567 S.E.2d 781 (2002)

GOVERNORS CLUB, INC., a North Carolina non-profit corporation, and Robert L. Alpert, on behalf of himself and all other similarly situated members of Governors Club, Inc., Plaintiffs, v. GOVERNORS CLUB LIMITED PARTNERSHIP, a Delaware limited partnership, Governors Club Development Corporation, a North Carolina Corporation, Estate of Truby J. Proctor, Jr., and Kirk J. Bradley, Defendants.

Court of Appeals of North Carolina.

August 20, 2002.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, PLLC by Burley B. Mitchell, Jr. and Charles L. Becker, Raleigh, for plaintiff-appellant Governors Club, Inc.

McCoy, Weaver, Wiggins, Cleveland & Raper, P.L.L.C. by John E. Raper, Jr., Fayetteville, for defendants-appellees Governors Club Limited Partnership and Governors Club Development Corporation.

Smith Helms Mulliss & Moore, L.L.P. by James G. Exum, Jr., and Gary R. Govert, Raleigh, for defendant-appellee Estate of Truby G. Proctor, Jr.

Boyce & Isley, P.L.L.C. by G. Eugene Boyce, Raleigh, for defendant-appellee Kirk J. Bradley.

WYNN, Judge.

Plaintiff Governors Club, Inc. (the "Club") appeals from a 4 October 2000 trial court order dismissing its complaint on all issues against Governors Club Limited Partnership (the "Partnership"), Governors Club Development Corporation (the "Development Corporation") (the Partnership and the Development Corporation are hereinafter referred to collectively as the "Developer"), Estate of Truby J. Proctor, Jr. ("Proctor"), and Kirk J. Bradley ("Bradley") ...

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