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WALKER v. MONTCLAIRE HOUSING PARTNERS

Civ. A. No. C-88-1134-D.

736 F.Supp. 1358 (1990)

Edwin J. WALKER, Jr., George W. Hill, Jr., and Central Carolina Bank and Trust Company, N.A., Collectively as Executors of the Estate of John S. Hill, II, Plaintiffs, v. MONTCLAIRE HOUSING PARTNERS, Tricap Corporation, and Shelby J. Kaplan, Defendants and Counterclaimants, v. Stephen D. MOSES, A. Bruce Rozet, The Federal Savings and Loan Association, as Receiver for Frontier Federal Savings and Loan Association, The Federal Savings and Loan Association, as Receiver for Vernon Savings and Loan Association, FSA, and Thomas J. Kenan, as Trustee for CB Financial Corporation, Intervenors.

United States District Court, M.D. North Carolina, Durham Division.

April 18, 1990.

Attorney(s) appearing for the Case

David A. Harlow, Donald S. Ingraham and James A. Thomas, Research Triangle Park, N.C., for plaintiffs.

Robert W. Spearman, Lisa M. Nieman and James K. Kuyk, Raleigh, N.C., for defendants and counterclaimants.

J. David Farren, Elizabeth F. Kuniholm, Michael Crowell and J. Jerome Hartzell, Raleigh, N.C., and Christine Cole-Biederman of Arter & Hadden, Dallas, Tex., for intervenors.

MEMORANDUM OPINION

GORDON, Senior District Judge.

I. Procedural History

Plaintiffs Edwin Walker, Jr., George Hill, Jr. and Central Carolina Bank and Trust Company, as the Executors of the estate of John S. Hill, II, filed this case on January 11, 1988, in Durham Superior Court against Defendants Montclaire Housing Partners ("Montclaire"), Tricap Corporation ("Tricap"), and Shelby J. Kaplan (collectively referred to as the "defendants" or...

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