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DUKE ENERGY CORP. v. MALCOLM

No. COA05-755.

630 S.E.2d 693 (2006)

DUKE ENERGY CORPORATION, A North Carolina Corporation, Tax Identification No. 56-0205520, Plaintiff, v. Wendell Corey MALCOLM and Callabridge/Granite, LLC, Defendants.

Court of Appeals of North Carolina.

June 20, 2006.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein, LLP, by Irvin W. Hankins, III and John W. Francisco, Charlotte, for plaintiff-appellee.

Kilpatrick Stockton, LLP, by Noelle E. Wooten, Charlotte, for defendant-appellant Callabridge.

James E. Scarbrough, Concord, for defendant-appellant Malcolm.

LEVINSON, Judge.

Wendell Corey Malcolm and Callabridge/Granite, LLC (defendants) appeal from the trial court's entry of summary judgment in favor of plaintiff Duke Energy Corporation. We affirm in part and reverse in part.

The pertinent facts may be summarized as follows: Defendants own a 48 acre tract of land located at the intersection of State Highway 16 and Mount Holly-Huntersville Road in Mecklenburg County...

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