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NORTH CAROLINA INDUS. v. CLAYTON

No. COA06-732.

649 S.E.2d 14 (2007)

NORTH CAROLINA INDUSTRIAL CAPITAL, LLC, Plaintiff, v. John E. CLAYTON, Jr., individually and d/b/a West's Charlotte Metro Moving & Storage; David D. Rushing, individually and d/b/a West's Charlotte Metro Moving & Storage; Bertram Alexander Barnette, III, a/k/a Trey Barnette, individually and d/b/a West's Charlotte Metro Moving & Storage; W. Buff Clayton, individually and d/b/a West's Charlotte Metro Moving & Storage; and West's Charlotte Transfer & Storage, Inc., Defendants.

Court of Appeals of North Carolina.

August 21, 2007.

Attorney(s) appearing for the Case

Koehler & Cordes, PLLC, by Stephen D. Koehler, Charlotte, for Plaintiff.

Law Offices of Dale S. Morrison, by Dale S. Morrison, Charlotte, for Defendants.

STEPHENS, Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of a June 1999 lease of commercial property in Charlotte, North Carolina, between Plaintiff and its lessee, Defendant West's Charlotte Transfer & Storage, Inc. ("WCT"). On 15 August 2001, Plaintiff filed a complaint in Mecklenburg County small claims court seeking summary ejectment against David D. Rushing ("Rushing") and John Clayton...

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