FOARD v. AVERY COUNTY BANK

No. COA04-750.

610 S.E.2d 460 (2005)

Anne Carson FOARD, Plaintiff v. AVERY COUNTY BANK and First Citizens Bank & Trust Company, Defendants.

Court of Appeals of North Carolina.

April 5, 2005.


Attorney(s) appearing for the Case

Clement Law Office, by Charles E. Clement, Boone, for plaintiff-appellant.

Ward and Smith, P.A., by Gary J. Rickner and Donalt J. Eglinton, New Bern, for defendant-appellees.

Attorney General Roy A. Cooper, III, by Assistant Attorney General P. Bly Hall, for the State, amicus curiae.


HUNTER, Judge.

Anne Carson Foard ("plaintiff") appeals from an order dated 1 April 2004 dismissing her action for judicial appraisal of shares of stock in Avery County Bank prior to its merger with First Citizens Bank & Trust (collectively "defendants"). For the reasons stated herein, we reverse the dismissal.

In 2003, First Citizens Bank & Trust ("FCB") purchased and merged with Avery County Bank ("ACB...

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