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PENLEY v. PENLEY

No. 9028SC62.

398 S.E.2d 671 (1990)

Clyde PENLEY v. Betty Roberts PENLEY and Hamburg Valley, Inc.

Court of Appeals of North Carolina.

December 18, 1990.

Attorney(s) appearing for the Case

Carter & Kropelnicki, P.A. by Steven Kropelnicki, Jr., Asheville, for plaintiff-appellant.

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Michelle Rippon and Robert H. Haggard, Asheville, for defendants-appellees.

PHILLIPS, Judge.

In 1978 plaintiff and the individual defendant, then husband and wife, formed defendant corporation primarily to operate a Kentucky Fried Chicken restaurant business that defendant Betty Roberts Penley owned a franchise for and had operated for about ten years. In 1979 they separated. In 1981 plaintiff brought this action, inter alia, to establish his stock interest in the corporation, to prevent the individual defendant from mismanaging the...

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