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STRATES SHOWS v. AMUSEMENTS OF AMERICA

No. COA06-1363.

646 S.E.2d 418 (2007)

STRATES SHOWS, INC., a Delaware corporation, Plaintiff, v. AMUSEMENTS OF AMERICA, INC., a New Jersey corporation; Rocky Mount Fair, Inc., a North Carolina corporation; Fair Management Inc., a Florida Corporation; Smokey Mountain Amusements, Inc., a Delaware corporation; Powers Great American Midways, a North Carolina business entity; Morris J. Vivona, Sr.; Morris J. Vivona, Jr.; Dominic A. Vivona, Sr.; Dominic A. Vivona, Jr.; John J. Vivona; Philip A. Vivona; Sebastian J. Vivona; Christopher R. Vivona; Norman Y. Chambliss, III; Margaret Scott Phipps; Robert E. Phipps; Bobby C. Mclamb; Linda J. Saunders; Michael E. Blanton; Robin Lee Turner; Deann S. Turner; Billy Joe Clark; Leslie E. Powers; and The Estate of Richard D. Janas, Defendants.

Court of Appeals of North Carolina.

July 3, 2007.

Attorney(s) appearing for the Case

Blanchard, Miller, Lewis & Styers, P.A., by E. Hardy Lewis, Raleigh, for plaintiff-appellee.

Cheshire, Parker, Schneider, Bryan & Vitale, by John Keating Wiles, Raleigh, for Amusements of America, Inc. and the Vivonas, defendants-appellants.

Tharrington Smith, LLP, by F. Hill Allen, IV, Raleigh, for Margaret Scott Phipps and Robert E. Phipps, defendants-appellants.

Smith Moore LLP, by Alan W. Duncan, Shannon R. Joseph, and S. Montaye Sigmon, Raleigh, for Norman Y. Chambliss, III and Rocky Mount Fair, Inc., defendants-appellants.

JACKSON, Judge.

Strates Shows, Inc. ("Strates"), a Florida-based family business, performed the contract for provision of the midway at the annual North Carolina State Fair uninterrupted for more than fifty years. In 1999, Jim Graham, the long-time Commissioner of Agriculture, announced that he would not seek re-election for the 2000-2004 term. At some point after Commissioner Graham's announcement, defendant Amusements of America ("AOA"), a New Jersey based midway...

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