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COMMSCOPE CREDIT UNION v. BUTLER & BURKE

No. 5PA15.

790 S.E.2d 657 (2016)

COMMSCOPE CREDIT UNION, Plaintiff v. BUTLER & BURKE, LLP, a North Carolina Limited Liability Partnership, Defendant and Third-Party Plaintiff v. Barry D. Graham, James L. Wright, Ed Dutton, Frank Gentry, Geral Hollar, Joe Cresimore, Mark Honeycutt, Rose Sipe, Todd Pope, Jason Cushing, and Scott Saunders, Third-Party Defendants.

Supreme Court of North Carolina.

Filed September 23, 2016.

Attorney(s) appearing for the Case

Carlton Law PLLC, Raleigh, by Alfred P. Carlton, Jr. and Ian S. Richardson ; and Patrick, Harper & Dixon, LLP, Hickory, by L. Oliver Noble, Jr. , for plaintiff-appellee.

Sharpless & Stavola, P.A., Greensboro, by Frederick K. Sharpless ; and Wiley Rein LLP, by Richard A. Simpson , pro hac vice, and Ashley E. Eiler , pro hac vice, for defendant/third-party plaintiff-appellant.

Alston & Bird LLP, Charlotte, by Brian D. Boone , for Chamber of Commerce of the United States of America, amicus curiae.

Womble Carlyle Sandridge & Rice, LLP, by Brent F. Powell , Winston-Salem, C. Mark Wiley , and Michael R. Cashin , Charlotte, for Cherry Bekaert LLP, CliftonLarsonAllen LLP, and Dixon Hughes Goodman LLP, amici curiae.

Allen, Pinnix & Nichols, P.A., Raleigh, by Noel L. Allen and Nathan E. Standley , for National Association of State Boards of Accountancy, amicus curiae.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, by J. Mitchell Armbruster , Michael W. Mitchell , and Lauren H. Bradley , for North Carolina Association of Certified Public Accountants, American Institute of Certified Public Accountants, and Center for Audit Quality, amici curiae.

Hedrick Gardner Kincheloe & Garofalo LLP, Charlotte, by Mel J. Garofalo , for North Carolina Chamber, amicus curiae.

Plaintiff CommScope Credit Union seeks damages from defendant Butler & Burke, LLP, the certified public accounting firm that plaintiff hired to conduct annual independent audits of its financial statements. We allowed discretionary review to address whether defendant owed a fiduciary duty to plaintiff and whether plaintiff...

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