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KORNEGAY FAMILY FARMS v. CROSS CREEK SEED

No. 187PA16.

803 S.E.2d 377 (2017)

KORNEGAY FAMILY FARMS LLC v. CROSS CREEK SEED, INC.

Supreme Court of North Carolina.

Filed August 18, 2017.

Attorney(s) appearing for the Case

Ellis & Parker PLLC, Wake Forest, by L. Neal Ellis, Jr. ; and Jolly Williamson & Williamson, Louisburg, by John P. Williamson, Jr. , for plaintiff-appellees.

Poyner Spruill LLP, Raleigh, by Steven B. Epstein , Andrew H. Erteschik , and Saad Gul , for defendant-appellant.

Pinto Coates Kyre & Bowers, PLLC, by Jon Ward ; and Michael W. Patrick , Chapel Hill, for North Carolina Advocates for Justice, amicus curiae.

Smith Moore Leatherwood LLP, by Matthew Nis Leerberg , Raleigh and Kip D. Nelson , Greensboro, for North Carolina Association of Defense Attorneys, amicus curiae.

H. Julian Philpott, Jr. and Phillip J. Parker, Jr. for North Carolina Farm Bureau Federation, Inc., Tobacco Growers Association of North Carolina, Inc., North Carolina Soybean Producers Association, North Carolina Peanut Growers Association, and Carolinas Cotton Growers Cooperative, Inc., amici curiae.

In this case we consider whether defendant Cross Creek Seed, Inc. may enforce several limitation of remedies clauses pursuant to Article 2 of the Uniform Commercial Code (UCC) as codified in N.C.G.S. § 25-2-719(1)(a) against Kornegay Family Farms, LLC and a number of other commercial farmers (plaintiffs) in defense of lawsuits...

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