MARZEC v. NYE

No. COA08-1451.

690 S.E.2d 537 (2010)

Casimer C. MARZEC and Nyeco, Inc., Plaintiffs, v. Franklin L. NYE, Jr., and Nyeco, Inc., Defendants.

Court of Appeals of North Carolina.

March 16, 2010.


Attorney(s) appearing for the Case

Dillow, McEachern & Associates, P.A., by Mary Margaret McEachern, for plaintiffs-appellants.

Shipman & Wright, LLP, by Gary K. Shipman, William G. Wright, and Matthew W. Buckmiller, for defendants-appellees.


GEER, Judge.

Plaintiff Casimer C. Marzec, on behalf of himself and derivatively on behalf of Nyeco, Inc., appeals from the trial court's order dismissing his action against defendants Franklin L. Nye, Jr. and Nyeco, Inc. pursuant to Rule 12(b)(6) of the Rules of Civil Procedure. We disagree with the trial court's determination that the allegations of the complaint establish that plaintiffs' claims are barred by the statute of limitations and, therefore, we reverse...

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