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MANCUSO v. BURTON FARM DEVELOPMENT CO. LLC

No. COA13-38.

748 S.E.2d 738 (2013)

Bernard MANCUSO, Jr., and wife, Frances W. Mancuso, Christopher L. Burris, and Wife, Linda Burris and Mancuso Development, Inc., Plaintiffs v. BURTON FARM DEVELOPMENT COMPANY LLC and Boddie-Noell Enterprises, Inc., Defendants.

Court of Appeals of North Carolina.

September 17, 2013.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene and Tobias S. Hampson , for Plaintiff-appellants.

Poyner Spruill LLP, Rocky Mount , by J. Nicholas Ellis , for Defendant-appellees.

ERVIN, Judge.

Plaintiffs Bernard and Frances Mancuso, Christopher and Linda Burris, and Mancuso Development, Inc., appeal from an order granting summary judgment in favor of Defendants Burton Farm Development Company, LLC, and Boddie-Noell Enterprises, Inc., and from an order denying their motion to compel discovery. On appeal, Plaintiffs argue that (1) Judge Jones erred by granting summary judgment in favor of Defendants with respect to their claims for breach of...

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