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U.S. TRUST CO. v. STANFORD GROUP

No. COA08-179.

681 S.E.2d 512 (2009)

UNITED STATES TRUST COMPANY, N.A., Plaintiff, v. STANFORD GROUP COMPANY, John R. Rich, D. Kenneth Dimock, Glenda R. Burkett, Anthony P. Monforton, Martha Jo Brooks, William W. Watson, Virginia B. Saslow, Sandra G. Boes, Suzanne C. Wilcox, Kim M. Van Zee, and Kimberly Lemons, Defendants.

Court of Appeals of North Carolina.

August 18, 2009.

Attorney(s) appearing for the Case

McGuireWoods LLP, by Irving M. Brenner, John G. McDonald, and Makila Sands Scruggs, Charlotte, for plaintiff-appellee.

James, McElroy & Diehl, P.A., by John R. Buric and Preston O. Odom, III, Charlotte, for defendants-appellants.

Panel Consisting of: Judges ROBERT C. HUNTER, ELMORE and GEER.

PER CURIAM.

Defendants John R. Rich, D. Kenneth Dimock, Glenda R. Burkett, Anthony P. Monforton, Martha Jo Brooks, William W. Watson, Virginia B. Saslow, Sandra G. Boes, Suzanne C. Wilcox, Kim M. Van Zee, and Kimberly Lemons ("defendants") appeal from the trial court's order denying their motion to dismiss or, in the alternative, to compel arbitration. On appeal, defendants primarily contend that the trial court failed to make adequate findings of fact as to

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