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THE CURRITUCK ASSOCIATES v. HOLLOWELL

Nos. COA03-1082, COA03-1085.

601 S.E.2d 256 (2004)

THE CURRITUCK ASSOCIATES — Residential Partnership, a North Carolina general partnership, Plaintiff-Appellee, v. Ray E. HOLLOWELL, Jr., d/b/a Shallowbag Bay Development Company, Defendant-Appellant, v. Kitty Hawk Enterprises, Inc., Third-Party Defendant. Shallowbag Bay Development Company, LLC, Plaintiff-Appellant, v. The Currituck Associates — Residential Partnership, Defendant-Appellee.

Court of Appeals of North Carolina.

September 7, 2004.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P., by J. Nicholas Ellis, Esq., Rocky Mount, for appellee.

Ragsdale Liggett P.L.L.C., by George R. Ragsdale and Walter L. Tippett, Jr., Raleigh, for appellants.

TIMMONS-GOODSON, Judge.

In separate appeals, Shallowbag Bay Development Company, L.L.C. ("Shallowbag") and Ray E. Hollowell, Jr. ("Hollowell") (collectively, "appellants") appeal the trial court order dismissing their claims. Prior to argument, the appeals were consolidated pursuant to N.C.R.App. P. 40 (2004). After reviewing the merits of the consolidated appeal, we affirm the trial court's order.

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