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SOUTH ATLANTIC LTD. PARTNERSHIP v. RIESE

No. 02-2274.

356 F.3d 576 (2004)

SOUTH ATLANTIC LIMITED PARTNERSHIP OF TENNESSEE, LP; South Atlantic Income Properties, LLC; South Atlantic Management Company, Plaintiffs-Appellees, v. David R. RIESE; Gary Plichta, Defendants-Appellants, and Gibraltar Companies of Tennessee, Incorporated; Gibraltar Companies, Incorporated, Defendants, v. E. Stephen Stroud; Grace D. Ramsey; Steve Simpson, Third Party Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 30, 2004.

Attorney(s) appearing for the Case

ARGUED: Sean Eric Andrussier, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Raleigh, North Carolina, for Appellants. Kenneth Ray Wooten, Ward & Smith, P.A., New Bern, North Carolina, for Appellees. ON BRIEF: Pressly M. Millen, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Raleigh, North Carolina, for Appellants. E.D. Gaskins, Jr., Everett, Gaskins, Hancock & Stevens, Raleigh, North Carolina, for Appellees.

Before MOTZ, TRAXLER, and KING, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge TRAXLER joined.

OPINION

KING, Circuit Judge:

David Riese and Gary Plichta have initiated this appeal from an October 1, 2002, judgment entered by the district court. South Atl. Ltd. P'ship of Tenn. v. Riese, 5:96CV901H1 (E.D.N.C. Oct. 1, 2002). Riese and Plichta maintain that the 2002 judgment improperly modified the court's...

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