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DUNN v. COOK

No. COA09-478.

693 S.E.2d 752 (2010)

Thomas DUNN, Plaintiff, v. Alfred W. COOK, Jr., Individually; and Alfred W. Cook, Jr., Trustee of the Lavola Carender Living Trust, Defendants.

Court of Appeals of North Carolina.

June 1, 2010.

Attorney(s) appearing for the Case

Thomas, Ferguson & Mullins, L.L.P., by Jay H. Ferguson, Durham, for plaintiff-appellant.

Hemphill Law Firm, PLLC, by Kathryn G. Hemphill, Newland, for defendants-appellees.

STROUD, Judge.

Thomas Dunn ("plaintiff") appeals from an order granting the motion of Alfred W. Cook, Jr., individually and as trustee of the Lavola Carender Living Trust (referred to collectively as "defendants"), to remove this action from Durham County to Watauga County. As the remainder beneficiaries of the trust are necessary parties to this action, we reverse the order of the trial court allowing the change of venue and remand to the Superior Court of Durham...

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