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BRUMLEY v. MALLARD, L.L.C.

No. COA01-1060.

575 S.E.2d 35 (2002)

A. Neal BRUMLEY, Executor of the Estate of William Glenn Dellinger, Deceased, Plaintiff, v. MALLARD, L.L.C. and Bonn A. Gilbert, Jr., a/k/a Bonn Gilbert, Defendants.

Court of Appeals of North Carolina.

December 17, 2002.

Attorney(s) appearing for the Case

Richard H. Robertson, Charlotte, for plaintiff-appellee.

Richard H. Tomberlin, Charlotte, for defendant-appellants.

EAGLES, Chief Judge.

Mallard, L.L.C., and Bonn A. Gilbert, Jr., ("defendants") appeal from the trial court's granting of summary judgment in favor of A. Neal Brumley ("plaintiff") and award of $150,000 plus interest and attorneys' fees. On appeal, defendants have two assignments of error: (1) that the trial court erred in granting plaintiff's motion for summary judgment; and (2) that the trial court erred in denying defendants' motion for summary judgment. We discern...

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