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HILLS MACHINERY CO., LLC v. PEA CREEK MINE

No. COA18-890.

828 S.E.2d 709 (2019)

HILLS MACHINERY COMPANY, LLC, Plaintiff, v. PEA CREEK MINE, LLC, JOC Farms, LLC, and Joseph D. Briley, Jr., Defendants. v. JOC Farms, LLC and Pea Creek Mine, LLC, Counterclaim and Third-Party Plaintiffs, v. Hills Machinery Company, LLC, Counterclaim Defendant, and CNH Industrial America, LLC d/b/a Case IH, Third-Party Defendant.

Court of Appeals of North Carolina.

Filed: May 21, 2019.

Attorney(s) appearing for the Case

Stevens Martin Vaughn & Tadych, PLLC, by Michael J. Tadych , for third-party plaintiff-appellant JOC Farms, LLC.

Womble Bond Dickinson (US) LLP, by Jamie A. Dean and Ryan H. Niland , Winston-Salem, for third-party defendant-appellee CNH Industrial America, LLC.

JOC Farms, LLC ("JOC") appeals from the trial court's order, which granted CNH Industrial America, LLC, d/b/a Case IH ("Case") summary judgment on JOC's claims for breach of warranty, fraud, and unfair and deceptive trade practices. We affirm the trial court's order.

I. Background

JOC purchased a 2006 model...

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