BUSINESS CABLING, INC. v. YOKELEY

No. COA06-1255.

643 S.E.2d 63 (2007)

BUSINESS CABLING, INC., Plaintiff, v. Barry W. YOKELEY and Vitafoam Incorporated, Defendants.

Court of Appeals of North Carolina.

April 17, 2007.


Attorney(s) appearing for the Case

Stephen E. Lawing, for plaintiff-appellee/cross appellant.

Wyatt Early Harris Wheeler LLP, by William E. Wheeler, High Point, for defendant-appellant/cross appellee.

Kennedy Covington Lobdell & Hickman, LLP, by William G. Scoggin, Raleigh, for Amicus Curae North Carolina Citizens for Business and Industry.


TYSON, Judge.

Vitafoam, Incorporated ("defendant") appeals from judgment and order entered following a bench trial in which the court concluded defendant had engaged in unfair and deceptive practices ("UDP") with Business Cabling, Inc. ("plaintiff"). Plaintiff cross appeals only the portion of the judgment allowing credit to defendant for any amount it recovers from Barry W. Yokeley ("Yokeley"). We reverse.

I. Background

Plaintiff is a North...

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