MURPHY v. FIRST UNION CAPITAL MARKETS CORP.

No. COA01-966.

567 S.E.2d 189 (2002)

Phillip MURPHY v. FIRST UNION CAPITAL MARKETS CORPORATION, Wheat First Securities, Inc. and First Union Corporation.

Court of Appeals of North Carolina.

August 6, 2002.


Attorney(s) appearing for the Case

Mitchell, Rallings & Tissue, PLLC, by C. Spencer Alridge, II, Charlotte, for plaintiff-appellee.

Robinson, Bradshaw & Hinson, PA, by Charles E. Johnson and Angelique R. Vincent, Charlotte, for defendants-appellants.


THOMAS, Judge.

Defendants, First Union Capital Markets Corporation (FUCMC), Wheat First Securities, Inc. (WFS), and First Union Corporation (First Union), appeal from a grant of summary judgment on plaintiff's claim that they improperly withheld part of his bonus. Plaintiff, Phillip Murphy, appeals from a denial of liquidated damages.

For reasons discussed herein, we reverse and remand.

The relevant facts are as follows: Plaintiff was employed by First...

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