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COLLIER v. COLLIER

No. COA09-786.

693 S.E.2d 250 (2010)

John S. COLLIER and Bryan Collier, Individually and on Behalf of the Panilla Corporation, Plaintiffs, v. Judith J. COLLIER as Sole Director and Vice President of the Panilla Corporation and Panilla Corporation, Defendants.

Court of Appeals of North Carolina.

May 18, 2010.

Attorney(s) appearing for the Case

Tenney & Tenney, LLP by Brian H. Tenney, Raleigh, for plaintiff-appellants.

Clifton & Singer, LLP, by Benjamin F. Clifton, Jr., Raleigh, for defendants-appellees.

STROUD, Judge.

Plaintiffs appeal order granting summary judgment in favor of defendants. For the following reasons, we affirm.

I. Background

Plaintiffs John S. Collier and Bryan Collier alleged in their 22 January 2008 verified complaint that they are shareholders in the Panilla Corporation ("Panilla") but have lost their Certificates of Shares ("share certificates"). Plaintiffs further alleged that defendant Judith Collier wrongfully sold real property...

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