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SOUTHEASTERN SHELTER CORP. v. BTU, INC.

No. COA01-1257.

572 S.E.2d 200 (2002)

SOUTHEASTERN SHELTER CORPORATION and Jerry Chesson, Plaintiffs, v. BTU, INC., Paul Silcox and Marc Gilfillan, Defendants.

Court of Appeals of North Carolina.

December 3, 2002.

Attorney(s) appearing for the Case

Randolph M. James, P.C., by Randolph M. James, Winston-Salem, for plaintiff-appellants.

Newsom, Graham, Hedrick & Kennon, P.A, by William P. Daniell and Kenneth R. Murphy, III, Durham, for defendant-appellees.

CAMPBELL, Judge.

Plaintiffs, Southeastern Shelter Corporation ("SES") and Jerry Chesson ("Chesson"), appeal the trial court's order granting summary judgment in favor of defendants, BTU, Inc. ("BTU"), Paul Silcox ("Silcox") and Marc Gilfillan ("Gilfillan"), and dismissing with prejudice plaintiffs' claims for breach of fiduciary duties, constructive fraud, conversion, unfair and deceptive trade practices and restitution based on unjust enrichment. For the reasons...

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