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HERITAGE OPERATING v. N.C. PROPANE EXCHANGE

No. COA11-1212.

727 S.E.2d 311 (2012)

HERITAGE OPERATING, L.P., Plaintiff, v. N.C. PROPANE EXCHANGE, LLC, Kendall T. Rhine, Kendall L. Rhine, Janice G. Rhine, Anthony L. Rhine, Christy Lambeth, and Craig Lambeth, Defendants.

Court of Appeals of North Carolina.

April 3, 2012.

Attorney(s) appearing for the Case

Young Moore and Henderson P.A., Raleigh, by Christopher A. Page and Michael S. Rainey , and GlassWilkin, PC, by R. Charles Wilkin , Goldsboro, pro hac vice, for the plaintiff.

Pinto Coates Kyre & Brown, PLLC, Greensboro, by Brady A. Yntema and Jon Ward , and Jackson Kelly, PLLC, by Chad J. Sullivan , for defendants N.C. Propane Exchange, LLC, Kendall T. Rhine, Kendall L. Rhine, Janice G. Rhine, and Anthony L. Rhine.

THIGPEN, Judge.

N.C. Propane Exchange, LLC, ("N.C. Propane"), Kendall T. Rhine, Kendall L. Rhine, Janice G. Rhine, and Anthony L. Rhine (collectively, "Defendants") appeal from the denial of their motion for summary judgment on the basis that prior verdicts in Texas and Kentucky constitute res judicata and collateral estoppel. We must determine whether the trial court properly denied Defendants' motion for summary judgment. Because the present case does not involve...

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