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MILLER v. FIRST BANK

No. COA09-607.

696 S.E.2d 824 (2010)

William P. MILLER, as Receiver for Rose Furniture Company, Plaintiff, v. FIRST BANK and E.F. Merrell Company, L.L.C., Defendants. First Bank, Third-Party Plaintiff, v. Robert L. Kester, William V. Kester, Jr. and Edgar F. Merrell, Third-Party Defendants.

Court of Appeals of North Carolina.

August 3, 2010.

Attorney(s) appearing for the Case

Roberson Haworth & Reese, P.L.L.C., High Point, by James C. Lanik and Christopher C. Finan, for plaintiff-appellant.

Smith Moore Leatherwood LLP, Greensboro, by Bruce P. Ashley and Patrick M. Kane, for defendant-appellee First Bank.

GEER, Judge.

William P. Miller, as the Receiver for Rose Furniture Company ("Rose Furniture"), filed this action seeking to void payments made by E.F. Merrell Company, L.L.C. ("E.F. Merrell")—with money received from Rose Furniture—to First Bank to reduce the debt on a loan made by First Bank to the third-party defendants, Robert L. Kester, William V. Kester, Jr., and Edgar F. Merrell. The Receiver contends that the E.F. Merrell payments were constructively...

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