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MISENHEIMER v. BURRIS

No. COA04-445.

610 S.E.2d 271 (2005)

Donald Eugene MISENHEIMER, Plaintiff, v. James Clayton BURRIS and Randall Burris, Defendants.

Court of Appeals of North Carolina.

April 5, 2005.

Attorney(s) appearing for the Case

Walker & Bullard, by Daniel S. Bullard, Gibsonville, for plaintiff-appellee.

Tucker & Singletary, P.A., by William C. Tucker, Albemarle, for defendant-appellant.

TIMMONS-GOODSON, Judge.

James Clayton Burris ("defendant")1 appeals a jury verdict whereby he was found to have engaged in criminal conversation with the spouse of Donald Eugene Misenheimer ("plaintiff"), and resulting judgment against defendant for $350,001 in damages. For the following reasons, we reverse.

The factual and procedural history of this case is as follows: Plaintiff and...

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