BAILEY v. FLUE-CURED TOBACCO CO-OP.

No. COA02-1026.

581 S.E.2d 811 (2003)

Malcolm L. BAILEY, individually and Malcolm L. Bailey d/b/a Virginia Carolina Tobacco Warehouse, Inc.; Big Three Warehouse, Inc., a Virginia corporation; South Ga. Golden Leaf, Inc., a Georgia corporation; Carolina Warehouse, Inc., a South Carolina corporation; Carolina Tobacco Warehouse, Inc., a South Carolina corporation; Center Tobacco Warehouse, Incorporated, a North Carolina corporation; Drake Joyce; Lynch's Tobacco Warehouse, Inc., a South Carolina corporation; New Duplin Tobacco Warehouse, Inc., a North Carolina corporation; New Independent Warehouses, Limited Partnership, a North Carolina limited partnership; Pepper's Warehouse, Inc., a North Carolina corporation; Planters Warehouse, a Virginia partnership; Planters Warehouse Of Roxboro, Inc., a North Carolina corporation; Star-New Home Tobacco Warehouse, Inc., a South Carolina corporation; and W.W. (Billy) Yeargin, III, individually and W.W. Billy Yeargin, III d/b/a Yeargin Tobacco Warehouse, Plaintiffs, v. FLUE-CURED TOBACCO COOPERATIVE STABILIZATION CORPORATION, a North Carolina corporation; Bruce L. Flye, President in his official capacity; Lionel S. Edwards, General Manager and Secretary in his official capacity; Tri-County Tobacco Warehouse, Inc., a Georgia corporation; Jamie A. Brannen d/b/a Brannen's Tobacco; Planters And Growers Golden Leaf Warehouse, Inc., a South Carolina corporation; Johnny Shelley d/b/a Big L Warehouse; Joey Hardin d/b/a Peoples Warehouse; Sampson Tobacco Warehouse, Inc., a North Carolina corporation; Joe Parker d/b/a Kinston Marketing Center; Roger's Warehouse, Inc., a North Carolina corporation; Liberty Tobacco Warehouse, Inc., a North Carolina corporation; Kenneth Kelly d/b/a Liberty Warehouse; Robert Broadway d/b/a Liberty Warehouse; William Edward Stephenson d/b/a Brightleaf-riverside; Granville Warehouse, Inc., a North Carolina corporation; Old Belt Farmers Cooperative, Inc., a North Carolina corporation; Motley'S Tobacco Warehouse, Inc., a Virginia corporation; Exchange Warehouse, Inc., a Virginia corporation, Defendants.

Court of Appeals of North Carolina.

June 17, 2003.


Attorney(s) appearing for the Case

Allen and Pinnix, P.A. by Michael L. Weisel and M. Jackson Nichols; and Penry Riemann, PLLC by J. Anthony Penry, Raleigh, for plaintiff-appellants.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by C. Ernest Simons, Jr., Donald H. Tucker, Jr., and Jackson W. Moore, Raleigh, for defendant-appellees.


BRYANT, Judge.

Malcolm L. Bailey, individually and doing business as Virginia Carolina Tobacco Warehouse, Inc., and several other tobacco warehouses (collectively plaintiffs) appeal an order and opinion dated 10 April 2002 denying their motion for summary judgment and request for a permanent injunction and granting summary judgment in favor of Flue-Cured Tobacco Cooperative Stabilization Corporation (Stabilization).1

Plaintiffs...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases