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ELLIOTT v. KB HOME NORTH CAROLINA, LLC.

No. 418P12-2.

759 S.E.2d 98 (2014)

Mark ELLIOTT, Tor and Michelle Gabrielson, Michihiro and Yoko Kashima, on behalf of themselves and all others similarly situated v. KB HOME NORTH CAROLINA, INC. and KB Home Raleigh-Durham, Inc. and KB Home Raleigh-Durham, Inc., Third-Party Plaintiff v. Stock Building Supply, LLC, Third-Party Defendant.

Supreme Court of North Carolina.

June 11, 2014.

Attorney(s) appearing for the Case

Daniel K. Bryson , for Elliott, Mark, et al.

Scott C. Harris.

Gary E. Mason , for Elliott, Mark, et al.

Donna Solen.

Nicholas A. Migliaccio.

Jason S. Rathod.

A. Todd Brown , for Stock Building Supply, LLC.

Ryan G. Rich.

Michael W. Knapp , for KB Home Raleigh-Durham, Inc.

Brian M. Rowlson.

Matthew H. Lembke , for KB Home Raleigh-Durham, Inc.

Kevin C. Newsom , for KB Home Raleigh-Durham, Inc.

Edmund S. Sauer , for KB Home Raleigh-Durham, Inc.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant (KB Home Raleigh-Durham, Inc.) on the 6th of February 2014 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Plaintiffs, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

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