VARIETY WHOLESALERS v. SALEM LOGISTICS

No. COA10-1285.

712 S.E.2d 361 (2011)

VARIETY WHOLESALERS, INC., Plaintiff, v. SALEM LOGISTICS TRAFFIC SERVICES, LLC, Salem Logistics, Inc., Salem Logistics Transport Services, LLC, Winston Transportation Management, LLC, Overbrook Leasing, LLC, Salem Logistics Transport Finance, LLC, David F. Eshelman and Ark Royal Capital, LLC, Defendants.

Court of Appeals of North Carolina.

June 7, 2011.


Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton, LLP, Raleigh, by K. Edward Greene , Tobias S. Hampson , Paul J. Puryear, Jr. , and Grady L. Shields , for plaintiff cross-appellant-appellee.

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, by Jim W. Phillips, Jr. , and Alexander Elkan , for Ark Royal Capital, LLC, defendant appellant-appellee.

Bell, Davis & Pitt, P.A., Winston-Salem, by William K. Davis and Alan M. Ruley for North Carolina Bankers Association amicus curiae.


McCULLOUGH, Judge.

Variety Wholesalers, Inc. ("Variety") filed its initial Complaint against Salem Logistics Traffic Services, LLC ("Salem") on 6 January 2009 seeking compensatory and punitive damages. Variety raised claims of breach of contract, conversion, larceny, fraud, false pretenses, and unfair and deceptive trade practices related to Salem's failure to perform pursuant to its contract and its conversion of funds intended for Variety's carriers. In attempting...

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