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HODGE v. HARKEY

No. COA05-1416.

631 S.E.2d 143 (2006)

Robert C. HODGE, and wife Laura R. Hodge, Plaintiffs, v. Clyde HARKEY, Sr., Cline Oil Company, Inc., Robert D. Cline, B and M Investments, Inc., and Mary Margaret Steel Powell, Defendants.

Court of Appeals of North Carolina.

June 20, 2006.

Attorney(s) appearing for the Case

Hopf & Higley, P.A., by James F. Hopf, Donald S. Higley, II, and Charles C. Edwards, Jr., Greenville, for plaintiffs-appellants.

The Law Offices of F. Bryan Brice, Jr, by Heather L. Spurlock and F. Bryan Brice, Jr., Raleigh, for defendant-appellee Harkey.

Hartsell & Williams, P.A., by J. Merritt White, III and Christy E. Wilhelm, Concord, for defendant-appellees Cline Oil Company, Inc., B and M Investments, Inc., and Robert D. Cline.

STEELMAN, Judge.

Robert C. Hodge and his wife, Laura (plaintiffs), appeal an order of the trial court granting Clyde Harkey, Sr., Cline Oil Company, Inc., Robert D. Cline, and B and M Investments, Inc.'s (defendants) motion for summary judgment. For the reasons stated herein, we affirm.

This action arises out of the petroleum contamination of the soil and groundwater of plaintiffs' property located adjacent to a...

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