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ELLIS v. WHITE

No. COA01-1577.

575 S.E.2d 809 (2003)

George ELLIS, Plaintiff, v. Terry WHITE, Little Egypt Salvage, Inc.; D.W. Mayberry, in his Individual and official capacities, and Letha Phillips, Defendants.

Court of Appeals of North Carolina.

February 4, 2003.

Attorney(s) appearing for the Case

Ferguson Stein Chambers Wallas Adkins Gresham & Sumter, P.A., by S. Luke Largess, Charlotte, for plaintiff appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Hal F. Askins and Assistant Attorney General Kimberly P. Hunt, for respondent appellee.

McCULLOUGH, Judge.

On 3 November 2000, plaintiff George Ellis filed a complaint against defendant D.W. Mayberry alleging false arrest, malicious prosecution, abuse of process and violation of his civil rights under 42 U.S.C. § 1983. The pertinent facts leading to plaintiff's lawsuit are as follows: In October 1997, plaintiff was interested in purchasing a pickup truck, and while attending an automobile auction, learned of a salvage dealer who sold trucks. Soon...

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