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SPENCER v. HUTCHENS

No. 1:04CV01150.

471 F.Supp.2d 548 (2006)

Frederick B. SPENCER, III, Plaintiff, v. H. Terry HUTCHENS, as Substitute Trustee, Chase Manhattan Mortgage Corporation, and RBC Mortgage Company, Defendants.

United States District Court, M.D. North Carolina.

September 1, 2006.

Attorney(s) appearing for the Case

Frederick B. Spencer, Concord, NC, Pro se.

Wendy H. Hughes, Law Firm of Hutchens Senter & Britton, Fayetteville, NC, D. Anderson Carmen, Bell Davis & Pitt, P.A., Winston-Salem, NC, Constance L. Young, Courtauld McBryde Young, Poyner & Spruill, LLP, Charlotte, NC, for Defendant.

Jason M. Price, Ferguson Scarbrough & Hayes, P.A., Concord, NC, for Counter-Defendant.

MEMORANDUM OPINION AND ORDER

Eliason, United States Magistrate Judge.

This matter is before the Court on defendants' motions for sanctions and for summary judgment. The case started out in state court. Plaintiff Frederick B. Spencer, III ("Spencer") filed this action in Cabarrus County Superior Court on November 8, 2004. As defendants, he named H. Terry Hutchens, P.A. ("Hutchens"), along with Chase Manhattan Mortgage Corporation ("CMMC"). Hutchens...

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