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PRESS v. AGC AVIATION, LLC

No. COA17-9.

817 S.E.2d 445 (2018)

Clifford PRESS, as authorized representative of the fractional owners of that certain aircraft bearing tail number N132SL; Aircraft Ventures, LLC; Robert Burt; Lynn C. Burt; Corporate Health Plans of America, Inc.; Greenspring Associates, LLC III; Heelbuster, LLC; International Real Estate Holding Company, LLC; M&T Enterprise Group, LLC; Mesquite Air Company, LLC; Samolot, LLC; Sun Financial, LLC; Trio Travel, LLC; Tudor Court Farm, LLC; and Walsh Willett Aviation, LLC, Plaintiffs, v. AGC AVIATION, LLC; Alternative Ventures, LLC; Beechwood Associates, LP; Catherine T. Callender; Douglas and Maureen Cohn; DMGAAIR LLC; Fins & Feathers, LLC; Franklin Research Group, Inc.; David Hayes, JV Plane Partners LLC; MRS Air LLC; N724db LLC; Nick's Plane LLC; Vernon and Sherian Plaskett, as Trustees of the Plaskett Family Trust; David Schulman; Michael C. Slocum; Travis Partners, LLC; Triad Financial Services, Inc.; and Greg Wendt, Defendants.

Court of Appeals of North Carolina.

Filed: June 5, 2018.

Attorney(s) appearing for the Case

McGuireWoods LLP, Charlotte, by Brian Kahn , Terrence M. McKelvey , Robert A. Muckenfuss , and Joshua D. Whitlock , for plaintiffs-appellees.

Aero Law Center, by Jonathan A. Ewing , pro hac vice, and Smith, James, Rowlett & Cohen, Greensboro, by Seth R. Cohen , for defendants-appellants.

This case started when the music stopped, in an aviatic version of the game of musical chairs — or musical engines — Avantair was playing with its airplanes. The music stopped when Avantair was forced into bankruptcy, and at that moment, defendants' airplane had no engines, while plaintiffs' airplane had two engines...

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