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SPOOR v. BARTH

No. COA15-172.

781 S.E.2d 627 (2016)

Richard B. SPOOR, individually and Derivatively, Plaintiff, v. John M. BARTH, Jr., John M. Barth, John Does 1-5, and J.R. International Holdings, LLC, Defendants.

Court of Appeals of North Carolina.

January 5, 2016.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Raleigh, by Matthew Nis Leerberg and Sidney S. Eagles, Jr., and Barry Nakell for plaintiff-appellant.

Manning Fulton & Skinner, P.A., Raleigh, by Judson A. Welborn and J. Whitfield Gibson , for defendant-appellee John Barth, Jr.

Wilson & Ratledge, PLLC, by Reginald B. Gillespie, Jr. , Durham and N. Hunter Wyche, Jr. , Raleigh and Foley & Lardner LLP, by Michael J. Small and David B. Goroff , for defendant-appellee John M. Barth.

Plaintiff Richard Spoor appeals from an order of the trial court granting summary judgment in favor of defendants John M. Barth and John M. Barth, Jr. Based on the reasons stated herein, we reverse the order of the trial court.

I. Background

On 5 October 2011, plaintiff Richard Spoor filed a complaint...

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