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LOCKERMAN v. SOUTH RIVER ELEC. MEMBERSHIP

No. COA15-1113.

794 S.E.2d 346 (2016)

Ted B. LOCKERMAN, Administrator D.B.N. of the Estates of Ellen Dudley Spell, Deceased, and Sulie Daniel Spell, Deceased, On Behalf of the Estates and on Behalf of All Others Similarly Situated, Plaintiffs, v. SOUTH RIVER ELECTRIC MEMBERSHIP CORPORATION, a North Carolina Electric Membership Cooperative, Defendant.

Court of Appeals of North Carolina.

Filed: December 6, 2016.

Attorney(s) appearing for the Case

Andrew M. Jackson and Stevens Martin Vaughn & Tadych, PLLC, by K. Matthew Vaughn and Michael J. Tadych , for plaintiff-appellants.

Smith and Christensen, L.L.P., Charlotte, by Aaron M. Christensen and W. Britton Smith, Jr. , for defendant-appellee.

Where defendant, an electric cooperative, did not owe plaintiffs a fiduciary duty with regard to the discounting of capital credits and plaintiffs' claims are otherwise barred by the statute of limitations or were released pursuant to N.C. Gen. Stat. § 28A-25-6(e), the trial court did not err in granting defendant's motions for...

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