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BIRTHA v. STONEMOR, NORTH CAROLINA, LLC

No. COA11-79.

727 S.E.2d 1 (2012)

Patricia Colyer BIRTHA, as administratrix of the Estate of Sarah Lenon Colyer; deceased, James West Lindsay, as administrator of the Estate of Lottie Mae Lindsay and William Lindsay, deceased, Montezz Nelson, next of kin of Rebecca Grier and James Grier, deceased on behalf of themselves and all other persons similarly situated, Plaintiffs, v. STONEMOR, NORTH CAROLINA, LLC, Stonemor, North Carolina Funeral Services, Inc., Stonemor, North Carolina Subsidiary, LLC, Alderwoods Group, Inc., Service Corporation International, a/k/a SCI, d/b/a York Memorial Cemetery, Defendants.

Court of Appeals of North Carolina.

May 1, 2012.

Attorney(s) appearing for the Case

Pamela A. Hunter , Charlotte, for Plaintiff-Appellants.

Moore and Van Allen, PLLC, Charlotte, by M. Cabell Clay , Anthony T. Lathrop and Alton L. Gwaltney, III , for Defendant-Appellee.

BEASLEY, Judge.

Patricia Colyer Birtha, James West Lindsay, and Montez Nelson (Plaintiffs) appeal an order of dismissal of their claims of negligence, breach of contract, fraud, fraud upon the public, and unfair and deceptive trade practices against Stonemor, North Carolina, LLC, Stonemor, North Carolina Funeral Services, Inc., Stonemor North Carolina Subsidiary, LLC, Alderwoods Group, Inc., and Service Corporation International aka SCI doing business as York Memorial...

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