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DANIEL v. WRAY

No. COA02-768.

580 S.E.2d 711 (2003)

The Right Reverend, Bishop Clifton W. DANIEL, 3rd, Robert J. Powell, III, Alice Dill Lynch, Trustees of and for The Diocese of East Carolina of the Protestant Episcopal Church in the United States of America; Clifton W. Daniel, 3rd, Bishop of The Diocese of East Carolina; and Nicholas F. Theuner, Harriet Gruber, and Dorothy Raney, as Vestrymen of St. Andrew's Episcopal Church of Morehead City, Plaintiffs, v. Richard H. WRAY; Mark J. Suber; Joseph A. Lawrence; Joseph M. McClure; Henry Len Gibbs; Loretta Guthrie; Patricia M. Davis; Eloise Blair; Chris Wade; Vickie R. Bishop; George D. Phillips; John H. Knelson; C. King Cole; John Gladstone; John Grayson; and that Organization called by above Defendants, Interim Anglican Expression Church in Morehead City, also called St. Andrew's Anglican Church, also called St. Andrew's Episcopal Church of Morehead City, Episcopal Providence (sic) of Rwanda, Defendants.

Court of Appeals of North Carolina.

June 3, 2003.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles, Weeks & Valentine, P.A., by C.R. Wheatly, Jr. and C.R. Wheatly, III; Charles B. Park, III; Miller, Hamilton, Snider & Odom, L.L.C., by Palmer C. Hamilton, Beaufort, for plaintiff-appellees.

Taylor & Taylor, by Nelson W. Taylor, III; Beswick, Marquardt and Goines, P.A., by M. Douglas Goines; Susan H. McIntyre, Morehead City, for defendant-appellants.

HUNTER, Judge.

Defendants appeal an order denying their motion to dismiss plaintiffs' complaint for failure to allege registration of an assumed name certificate in their original complaint, as well as failure to join a real party in interest in this action. Further, defendants appeal an order granting plaintiffs' motion for summary judgment, which resulted in plaintiffs being declared the true "St. Andrew's Episcopal Church of Morehead City" and the rightful owners...

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