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WAL-MART STORES, INC. v. INGLES MARKETS

No. COA02-896.

581 S.E.2d 111 (2003)

WAL-MART STORES, INC., Plaintiff, v. INGLES MARKETS, INCORPORATED, E.H. Properties, L.P., and Horne Properties, Inc., Defendants.

Court of Appeals of North Carolina.

June 17, 2003.

Attorney(s) appearing for the Case

Smith, Debnam, Narron, Wyche, Story & Myers, L.L.P., by Bettie Kelley Sousa and Ashley H. Story, Raleigh, for plaintiff-appellee.

Hunton & Williams, by Matthew P. McGuire, Raleigh, and Hartman, Simons, Spielman & Wood, by David L. Pardue, Atlanta, GA, for defendant-appellant Ingles Markets, Inc.

Robinson, Bradshaw & Hinson, P.A., by D. Blaine Sanders, Charlotte, for defendant-appellant E.H. Properties, L.P.

LEVINSON, Judge.

Defendants (Ingles Markets, Inc., and E.H. Properties, L.P.) appeal from an order granting summary judgment in favor of plaintiff (Wal-Mart Stores, Inc.). For the reasons discussed below, we affirm the trial court.

The factual and procedural background may be summarized as follows: In 1987, defendant Ingles leased space in the Stanly County Shopping Plaza (the shopping center), in Albemarle, for operation of a grocery store. Ingles and defendant...

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