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FRIZZELL CONST. CO. v. FIRST CITIZENS BANK & TRUST, CO.

No. 89-369-CIV-5-BR.

759 F.Supp. 286 (1991)

FRIZZELL CONSTRUCTION COMPANY, INC., Plaintiff, v. FIRST CITIZENS BANK & TRUST COMPANY, as Trustee under an Indenture of Mortgage and Deed of Trust dated November 1, 1984, Defendant and Third-Party Plaintiff, v. HERITAGE LIVING CENTERS, INC.; Charles F. Blackburn; Robert J. Blackburn; George T. Blackburn; Joanne J. Randall; C. Donald Stone; J.R. Randall; Robert M. Buchanan, Jr., Lyle D. Knirk, Third-Party Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

February 12, 1991.

Attorney(s) appearing for the Case

J. Anthony Penry, Petree, Stockton & Robinson, Raleigh, N.C., for Frizzel Const. Co.

David William Long, Raleigh, N.C., for First Citizens Bank & Trust.

George Templeton Blackburn, II, Henderson, N.C., pro se and for third party defendants.

ORDER

BRITT, District Judge.

This matter is before the court on numerous post-trial motions. Plaintiff moves the court for judgment notwithstanding the verdict (JNOV) pursuant to Rule 50(b) of the Federal Rules of Civil Procedure on the issue of breach of contract. Defendant moves for JNOV on the issue of breach of fiduciary duty or in the alternative a new trial pursuant to Rule 59(a) of the Federal Rules of...

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