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LYNN v. LYNN

No. COA09-556.

689 S.E.2d 198 (2010)

Jan Britt LYNN, Plaintiff, v. James Gregory LYNN and the Estate of Kenneth Lynn and James Lynn & Sons, Inc., Defendants. and James Gregory Lynn, Third Party Plaintiff, v. Penny W. Lynn as the Administratrix of The Estate of George Kenneth Lynn, Penny W. Lynn, Individually and as the Guardian Ad Litem of Miranda Kelsey Lynn, Jennifer Kay Lynn Bachinger, Brandon Kenneth Lynn, Holly Kerry Lynn and James Lynn and Sons, Inc., Third Party Defendants.

Court of Appeals of North Carolina.

February 16, 2010.

Attorney(s) appearing for the Case

H. Griffith Garner, Whiteville, and law student K. Scott Newton, for plaintiff-appellee.

Don W. Viets, Jr., Whiteville, for third-party, plaintiff-appellee.

Williamson, Walton & Scott, LLP, by Benton H. Walton, III and C. Martin Scott, II, The Odom Firm, PLLC, by Thomas L. Odom, Jr. and David W. Murray, Charlotte, for third-party defendants-appellants.

ROBERT C. HUNTER, Judge.

This case arises out of a dispute over a 55% ownership interest in James Lynn & Sons, Inc. ("James Lynn & Sons"), a closely held corporation. In a declaratory judgment entered 28 August 2008, the trial court held that third-party plaintiff James Gregory Lynn ("Gregory Lynn") was the rightful owner of that interest, making him the sole owner of the corporation. Third-party defendants James Lynn & Sons and Penny W. Lynn, in her individual...

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