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B. KELLEY ENTERPRISES, INC. v. VITACOST.COM

No. COA10-645.

710 S.E.2d 334 (2011)

B. KELLEY ENTERPRISES, INC., Plaintiff-Appellant, v. VITACOST.COM, INC., Defendant-Appellee.

Court of Appeals of North Carolina.

May 3, 2011.

Attorney(s) appearing for the Case

Carruthers & Roth, P.A., Greensboro, by Rachel Scott Decker and Kevin A. Rust , for Plaintiff-Appellant.

Bell, Davis & Pitt, P.A., Winston-Salem, by Bradley C. Friesen , for Defendant-Appellee.

McGEE, Judge.

B. Kelley Enterprises, Inc. (Plaintiff) filed a complaint on 18 February 2009 against Vitacost.com, Inc. (Defendant), seeking to collect money due under a rental agreement. Plaintiff also sought to recover late fees, interest, attorneys' fees, and costs. Defendant filed an answer in which it pleaded, inter alia, the defenses of res judicata and collateral estoppel. Defendant contended that the matters in dispute had already been determined...

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