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WALLEN v. RIVERSIDE SPORTS CENTER

No. COA03-1679.

618 S.E.2d 858 (2005)

Timothy Earl WALLEN, Plaintiff, v. RIVERSIDE SPORTS CENTER, a General Partnership, John M. Rose, Jr. and Sol C. Rose, Defendants.

Court of Appeals of North Carolina.

September 20, 2005.

Attorney(s) appearing for the Case

Twiggs, Beskind, Strickland & Rabenau, P.A., by Jerome P. Trehy, Jr., Raleigh, for plaintiff-appellant.

Horton and Gsteiger, P.L.L.C., by Urs R. Gsteiger, Winston-Salem, for defendants-appellants.

STEELMAN, Judge.

Plaintiff, Timothy Earl Wallen, appeals the superior court's order granting defendants' motion for summary judgment and dismissing plaintiff's action with prejudice. For the reasons discussed herein, we reverse.

Since 1977, brothers John and Sol Rose have operated Riverside Sports Center. Defendants lease twenty-five acres of largely undeveloped land fronting the Cape Fear River off of Person Street...

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