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SUTTON v. MESSER

No. COA04-757.

620 S.E.2d 19 (2005)

John R. SUTTON and James M. Edmonds, Plaintiffs, v. Jarvis Wayne MESSER, Star Stone Enterprises, Inc., Samuel E. Griffin, Reese Lasher, Joe Eblen, Danny Bullman, Charlie Bullman, Sandra Ducket, Lester Wright, Enoc Prather, Charlie Hensley, Steve Metcalf, Bob Posey, Joe Penland, Sr., Gus Colagerakis, and Mike Montaperto, Defendants.

Court of Appeals of North Carolina.

October 4, 2005.

Attorney(s) appearing for the Case

Root & Root, P.L.L.C., by Allan P. Root, Weaverville, for plaintiffs-appellants.

James M. Kimzey, Brevard, and Katherine E. Jean, Raleigh, for Jarvis Wayne Messer, Star Stone Enterprises, Inc., Danny Bullman, Charlie Bullman, Sandra Ducket, Bob Posey and Gus Colagerakis, defendants-appellees.

JACKSON, Judge.

John R. Sutton and James M. Edmonds (plaintiffs) appeal from a 25 February 2004 judgment granting defendants'1 Motion for Judgment on the Pleadings and dismissing plaintiffs' complaint with prejudice.

The present action arises out of an agreement dated 30 September 1998 entitled "Settlement and Mutual Release Agreement" (Agreement). The Agreement was executed

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