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MORRIS v. THOMAS

No. COA03-237.

589 S.E.2d 419 (2003)

Mary Cannon MORRIS, and Joseph E. Morris, individually and derivatively on behalf of The E.A. Morris Charitable Foundation, Plaintiffs, v. John S. THOMAS, Katharine A. Thomas, K. Barry Morgan, and Dorothy S. Shaw, Defendants. and The E.A. Morris Charitable Foundation, Nominal Defendant, Intervenor and Interested Party Defendants.

Court of Appeals of North Carolina.

December 16, 2003.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Mack Sperling, Charles E. Coble and Hubert Humphrey, Raleigh, for plaintiff-appellants.

Teague, Campbell, Dennis & Gorham, L.L.P., by George W. Dennis, III and Jacob H. Wellman, Raleigh, for defendant-appellees John S. Thomas, Katharine Thomas, K. Barry Morgan, and Dorothy S. Shaw.

Robinson, Bradshaw & Hinson, P.A., by Robert W. Fuller and Thomas P. Holderness, for defendant-appellee The E.A. Morris Charitable Foundation.

LEVINSON, Judge.

Plaintiffs appeal from the entry of summary judgment in favor of defendants. For the reasons that follow, we affirm. The relevant facts are summarized as follows: In 1980 the E.A. Morris Charitable Foundation ("the Foundation") was created by Mr. E.A. Morris, for the purpose of supporting "charitable, religious, educational and scientific" enterprises. Plaintiffs (Mary Morris and Joseph Morris) are E.A. Morris's wife and son. The Foundation was established...

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