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STATE v. ARELLANO

No. COA03-258.

599 S.E.2d 415 (2004)

STATE of North Carolina, On Relation of R. Stuart Albright, District Attorney of the 18th Prosecutorial District, Plaintiff, v. Robert C. ARELLANO, Cha U. Arellano, Rocha Enterprises, Inc. d/b/a Rose Spa, and Other Unknown Persons, Defendants.

Court of Appeals of North Carolina.

August 3, 2004.

Attorney(s) appearing for the Case

R. Stuart Albright, District Attorney, 18th Prosecutorial District, Forman Rossabi Black, P.A., by Amiel J. Rossabi and William F. Patterson, for the State.

A. Wayne Harrison, Greensboro, for defendants.

TIMMONS-GOODSON, Judge.

This case involves a complaint by Guilford County District Attorney R. Stuart Albright ("plaintiff") to claim the illegal profits from a public nuisance owned and operated by Robert C. Arellano and Cha U. Arellano ("defendants"). Defendants appeal two orders of summary judgment entered against them pursuant to N.C. Gen.Stat. § 19. For the reasons stated herein, we affirm in part and reverse in part the trial court's judgment.

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