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VAN REYPEN ASSOCIATES, INC. v. TEETER

No. COA05-515.

624 S.E.2d 401 (2006)

VAN REYPEN ASSOCIATES, INC. d/b/a The Gin Mill, Plaintiff, v. Gerald Eugene TEETER, and Gorden Lewis d/b/a Gorden's Excavating Service, Defendants.

Court of Appeals of North Carolina.

January 17, 2006.

Attorney(s) appearing for the Case

James McElroy & Diehl, P.A., by Charles M. Viser and Preston O. Odom III, Charlotte, for plaintiff appellant.

Stiles Byrum & Horne, L.L.P., by D. Lane Matthews, Charlotte, for defendant appellees.

MCCULLOUGH, Judge.

Plaintiffs (Van Reypen Associates, Inc.) appeal from an order granting Mr. Teeter, Gorden Lewis and Gorden's Excavating Service (defendants) motion for summary judgment, dismissing Van Reypen Associates' complaint with prejudice and denying Van Reypen Associates' motion to reconsider. Van Reypen Associates further appeal from an order denying their motions to set aside summary judgment pursuant to Rules...

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