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NNN DURHAM OFFICE v. HIGHWOODS REALTY

No. COA17-756.

820 S.E.2d 322 (2018)

NNN DURHAM OFFICE PORTFOLIO 1, LLC; et al., Plaintiffs, v. HIGHWOODS REALTY LIMITED PARTNERSHIP; Highwoods DLF 98/29, LLC; Highwoods DLF, LLC; Highwoods Properties, Inc.; Grubb & Ellis %COThomas Linderman Graham; and Thomas Linderman Graham Inc., Defendants.

Court of Appeals of North Carolina.

Filed: September 4, 2018.

Attorney(s) appearing for the Case

Stark Law Group, PLLC, Chapel Hill, by Thomas H. Stark and Seth A. Neyhart , and Penry Riemann, PLLC, by Andy Penry , for plaintiff-appellants.

Ellis & Winters LLP, Raleigh, by Jonathan D. Sasser , Jeremy M. Falcone , James M. Weiss , and Emily E. Erixson , for defendant-appellees Highwoods Realty Limited Partnership; Highwoods DLF 98/29, LLC; and Highwoods Properties, Inc.

Manning, Fulton & Skinner, P.A., Raleigh, by Michael T. Medford and J. Whitfield Gibson , for defendant-appellees Thomas Linderman Graham, Inc. and Grubb & Ellis%COThomas Linderman Graham.

North Carolina Department of Secretary of State, by Enforcement Attorney Colin M. Miller , for amici curiae, the North Carolina Secretary of State and the North American Securities Administration Association, Inc.

Plaintiffs appeal from orders granting (1) Defendants' motions to dismiss, except for denial of Defendants' motion to dismiss Plaintiffs' claim of secondary liability under the North Carolina Securities Act; (2) Defendants' motions for judgment on the pleadings; and, (3) Defendants' motions for summary judgment.

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