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SWAIN v. PRESTON FALLS EAST, L.L.C.

No. COA02-266.

576 S.E.2d 699 (2003)

Donald F. SWAIN, and wife, Ann W. Swain, Plaintiffs, v. PRESTON FALLS EAST, L.L.C.; Fogleman & Williams Developments, Inc.; John D. Reynolds, individually and d/b/a Reynolds Construction of Chapel Hill, LLC; and Sto Corp., Defendants.

Court of Appeals of North Carolina.

March 4, 2003.

Attorney(s) appearing for the Case

Lewis & Roberts, PLLC, by Daniel K. Bryson and Kurt F. Hausler, Raleigh, for plaintiff-appellants.

Young Moore and Henderson, P.A., by Brian E. Clemmons and Robert C. deRosset, Raleigh, for defendant-appellee, Fogleman & Williams Developments, Inc.

Bailey & Dixon, L.L.P., by David Coats, Raleigh, for defendant-appellee, John D. Reynolds, individually and d/b/a Reynolds Construction of Chapel Hill, LLC.

McCULLOUGH, Judge.

Plaintiffs appeal from an order of summary judgment entered by the trial court dismissing with prejudice their claims against defendants Fogleman & Williams Developments, Inc. ("Fogleman") and John D. Reynolds, individually and d/b/a Reynolds Construction of Chapel Hill, L.L.C. ("Reynolds").

On 31 March 1999, plaintiffs purchased a townhouse in Cary, N.C., from its original owner, Marshall Lyle Gurley, Sr. ("Mr. Gurley"). The townhouse...

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