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McDONALD v. SKEEN

No. COA01-1069.

567 S.E.2d 209 (2002)

C. Wayne McDONALD v. Ervin Dwain SKEEN t/a Dwain Skeen Commercial Industrial Real Estate.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

Cunningham, Crump & Cunningham, PLLC, by James Calvin Cunningham, III, R. Flint Crump, and J. Calvin Cunningham, Lexington, for plaintiff-appellee.

Roberson, Haworth & Reese, PLLC, by Robert A. Brinson and Christopher C. Finan, High Point, for defendant-appellant.

THOMAS, Judge.

Defendant, Ervin Dwain Skeen t/a Dwain Skeen Commercial Industrial Real Estate, appeals an order denying his motion for summary judgment in this breach of contract case. He based that motion solely on collateral estoppel grounds. For the reasons discussed herein, we affirm.

The pertinent facts are as follows: Plaintiff, C. Wayne McDonald, was a party in an action previously before this Court where Skeen allegedly acted as an agent during the...

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