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BLUEBIRD CORP. v. AUBIN

No. COA07-282.

657 S.E.2d 55 (2008)

BLUEBIRD CORPORATION and Anthony A. Susi, Plaintiffs, v. Lois A. AUBIN, Defendant.

Court of Appeals of North Carolina.

February 19, 2008.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. by Reid L. Phillips and Andrew J. Haile, Greensboro, for plaintiff-appellant Anthony A. Susi.

Brinkley Walser, PLLC by G. Thompson Miller, Lexington, for defendant-appellee Lois A. Aubin.

STROUD, Judge.

Plaintiff Susi and defendant Aubin are each fifty percent shareholders in Bluebird Corporation. Bluebird Corporation and Susi sued Aubin for breach of fiduciary duty, constructive fraud, and breach of contract. Aubin counterclaimed for breach of fiduciary duty, constructive fraud, and requested a declaratory judgment to determine whether certain loans were the lawful obligations of Bluebird Corporation. The trial court ordered, inter alia, all...

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