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VARIETY WHOLESALERS v. SALEM LOGISTICS

No. 269PA11.

723 S.E.2d 744 (2012)

VARIETY WHOLESALERS, INC. 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.

Supreme Court of North Carolina.

April 13, 2012.

Attorney(s) appearing for the Case

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

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

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

HUDSON, Justice.

Here we address whether summary judgment was appropriately entered on claims of conversion and constructive trust when a third party came into possession of funds, ownership of which was disputed between the primary contracting parties. We hold that the record forecasts genuine issues of material fact with respect to both claims, and we therefore reverse and remand for further proceedings.

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