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WHITEHEART v. WALLER

No. COA08-1261.

681 S.E.2d 419 (2009)

William WHITEHEART d/b/a Whiteheart Advertising Company, Plaintiff-Appellant, v. Betty Strother WALLER and Waller & Stewart, LLP (formerly known as Waller, Stroud, Stewart, & Araneda, LLP), Defendants-Appellees.

Court of Appeals of North Carolina.

August 18, 2009.

Attorney(s) appearing for the Case

Randolph M. James, P.C., by Randolph M. James, Winston-Salem, for plaintiff-appellant.

Poyner & Spruill, LLP, by E. Fitzgerald Parnell, III and Cynthia L. Van Horne, Charlotte, for defendants-appellees.

CALABRIA, Judge.

William Whiteheart d/b/a Whiteheart Advertising Company ("plaintiff") appeals an order dismissing his complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. We affirm the trial court.

Plaintiff is in the business of billboard advertising on the highways of North Carolina. Beginning in 1983, the predecessor to plaintiff's company maintained a billboard on Interstate 77, near Statesville, North Carolina, located...

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