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LACY J. MILLER MACH. CO., INC. v. MILLER

No. 8122SC1139.

293 S.E.2d 622 (1982)

LACY J. MILLER MACHINE COMPANY, INC., Joseph T. Buie, Jr., and James T. Donley v. Gary M. MILLER, Individually and Gary M. Miller, Executor of the Estate of Lacy J. Miller.

Court of Appeals of North Carolina.

July 20, 1982.

Attorney(s) appearing for the Case

House, Blanco & Osborn by Don R. House and Lawrence U. McGee, Winston-Salem, and Wilson, Biesecker, Tripp & Sink by Joe E. Biesecker, Lexington, for plaintiffs-appellants and appellees.

White & Crumpler by Fred G. Crumpler, Jr., G. Edgar Parker, and Craig B. Wheaton, Winston-Salem, for defendant-appellant and appellee.

WEBB, Judge.

The plaintiffs have not assigned error to the dismissal of all claims against Gary Miller individually and the claims for punitive damages. These portions of the judgment are affirmed.

As to the portion of the judgment which ordered the executor to deliver the stock formerly owned by Lacy J. Miller to the corporation upon payment of the tendered amount, we hold this was error. One of the material facts in this case is whether the book value of...

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