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ATKINS v. PEEK

No. COA07-1535.

668 S.E.2d 63 (2008)

Jim D. ATKINS; Carol L. Manning; Pressley C. Stutts, Jr.; and Jerry Watts, Plaintiffs, v. Clay PEEK; Peek Performance, Inc.; Pacificare Health Plan Administrators, Inc.; Pacificare Life and Health Insurance Company; and Pacificare Insurance Company, Defendants. and Clay Peek and Peek Performance, Inc., Defendants & Third-Party Plaintiffs, v. Charlie Lewis; Nicholas Lewis; Zachary Lewis, Individually and Kingdom Insurance Group, LLC; and Shep Cutler, Individually; and Cutler and Associates, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

November 4, 2008.

Attorney(s) appearing for the Case

Ross Law Firm, by R. Matthew Van Sickle and C. Thomas Ross, Winston-Salem, for defendants and third-party plaintiff appellants.

Roberts & Stevens, P.A., by Ann-Patton Nelson and James W. Williams; Of Counsel Locke Lord Bissell & Liddell, LLP, by Michael P. Bruyere and John F. Kane, Asheville, for third-party defendant appellees.

McCULLOUGH, Judge.

This appeal arises from a dispute concerning agreements for the sale of certain insurance products. Defendants and third-party plaintiffs, Clay Peek and Peek Performance, Inc., ("third-party plaintiffs") appeal from an order dismissing their claims against third-party defendants, Charles Lewis, Zachary Lewis, Kingdom Insurance, LLC, Shep Cutler, and Cutler and Associates, Inc. ("third-party defendants...

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