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INDIAN ROCK ASS'N, INC. v. BALL

No. COA04-175.

606 S.E.2d 179 (2004)

INDIAN ROCK ASSOCIATION, INC., a North Carolina Non-Profit Corporation, Plaintiff, v. Marvin L. BALL, Jr., and wife, Irene F. Ball, Defendants.

Court of Appeals of North Carolina.

December 21, 2004.

Attorney(s) appearing for the Case

William T. Skinner, IV, Littleton, for plaintiff-appellee.

Hux, Livermon & Armstrong, L.L.P., by H. Lawrence Armstrong, Jr., Enfield, for defendant-appellants.

WYNN, Judge.

Defendants Marvin L. Ball, Jr. and Irene F. Ball appeal from orders entered 6 November 2003 allowing Plaintiff Indian Rock Association, Inc.'s motion for summary judgment and denying the Balls' motion to dismiss. After careful review, we affirm the trial court's orders.

The procedural and factual history of the instant appeal is as follows: Indian Rock Association is a non-profit corporation organized and chartered in May 1971 for the

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