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KIMBRELL v. ROBERTS

No. COA06-1110.

650 S.E.2d 444 (2007)

W. Duke KIMBRELL, Plaintiff, v. Diane C. ROBERTS, Defendant.

Court of Appeals of North Carolina.

September 18, 2007.

Attorney(s) appearing for the Case

Kilpatrick Stockton LLP, by J. Robert Elster, Tonya R. Deem, and James J. Hefferan, Jr., Winston-Salem, for Plaintiff-Appellee.

James, McElroy & Diehl, P.A., by Bruce M. Simpson, Charlotte, for Defendant-Appellant.

McGEE, Judge.

W. Duke Kimbrell (Plaintiff) filed a complaint on 27 October 2003 against Diane C. Roberts (Defendant), and her husband, F.C. Roberts, Jr. (Mr. Roberts), who is not a party to this appeal, alleging that Defendant and Mr. Roberts were principals or insiders of Acme Services, Inc. (Acme Services) in Gastonia, North Carolina. Plaintiff entered into a stock and debenture purchase agreement (the purchase agreement) with Acme Services on 2 October 1992, whereby...

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