WHITACRE PARTNERSHIP v. BIOSIGNIA, INC.

No. 617PA02.

591 S.E.2d 870 (2004)

358 N.C. 1

WHITACRE PARTNERSHIP, an Illinois limited partnership v. BIOSIGNIA, INC., corporate successor to Biomar International, Inc. and Future Health Technologies Company; T. Nelson Campbell; and T. Colin Campbell.

Supreme Court of North Carolina.

February 6, 2004.


Attorney(s) appearing for the Case

Farmer & Watlington, L.L.P., by R. Lee Farmer, Yanceyville; and Bill T. Walker, pro hac vice, Granite City, for plaintiff-appellee.

Parker, Poe, Adams & Bernstein, L.L.P., by Robert W. Spearman, Raleigh; and Steptoe & Johnson, L.L.P., by J. William Koegel, Jr., pro hac vice, Washington, DC, for defendants-appellants.


MARTIN, Justice.

Plaintiff Whitacre Partnership, an Illinois limited partnership (plaintiff or Whitacre Partnership), seeks a declaration establishing its ownership of 1,000,000 shares of common stock in defendant Biosignia, Inc. (defendant or Biosignia). In the alternative, plaintiff seeks damages for the wrongful conversion of the stock. On 28 June 2001, defendants moved for summary judgment on the ground that the doctrine of judicial estoppel precluded plaintiff...

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