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BARTLETT MILLING CO., L.P. v. WALNUT GROVE AUCTION AND REALTY CO., INC.

No. COA07-329.

665 S.E.2d 478 (2008)

BARTLETT MILLING COMPANY, L.P., Plaintiff, v. WALNUT GROVE AUCTION AND REALTY CO., INC., Rocky Creek Dairy, Inc., and Broker Dairy, Inc., Defendants.

Court of Appeals of North Carolina.

August 19, 2008.

Attorney(s) appearing for the Case

Blanco Tackabery Combs & Matamoros, P.A., by Peter J. Juran, Winston-Salem, for plaintiff-appellant/cross-appellee.

Hamilton Moon Stephens Steele & Martin, PLLC, by David G. Redding and Mark R. Kutny, Charlotte, for defendants-appellees/cross-appellants.

JACKSON, Judge.

Keith and Talley Stephens ("the Stephens") owned and operated a dairy farm that failed. The Stephens had numerous creditors, including Bartlett Milling Company, L.P. ("plaintiff"). On 19 July 1999, plaintiff obtained a judgment in the amount of $102,964.04, plus one and a half percent monthly interest accruing from 17 August 1998, against the Stephens for defaulting on their payment for cattle feed purchased...

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