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KENNEDY v. GARDNER

No. COA04-975.

611 S.E.2d 480 (2005)

William KENNEDY and Herbie's Steak House and Oyster Bar, Inc., Plaintiffs, v. Barbara A. GARDNER and Cynthia H. Davis, Trustees of the Hanner Family Trust and Trustees of the Hanner Marital Trust, Defendants.

Court of Appeals of North Carolina.

May 3, 2005.

Attorney(s) appearing for the Case

Smith, James, Rowlett & Cohen, LLP by Norman B. Smith, Greensboro, for plaintiff-appellants.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. by S. Leigh Rodenbough IV, Teresa DeLoatch Bryant, and Alexander Elkan, Greensboro, for defendant-appellees.

JACKSON, Judge.

Plaintiffs appeal from the order granting defendants' motion for summary judgment entered in Guilford County Superior Court. Plaintiffs seek a reversal of the trial court's order granting summary judgment and remand of the case for jury trial.

On 26 August 1983 Ruby Hanner ("Hanner") entered into a lease agreement with Spartan Food Systems, Inc. ("Spartan") for the real property that is the subject...

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