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JOHN v. ROBBINS

No. C-89-560-D.

764 F.Supp. 379 (1991)

Thomas E. JOHN, Jr., and Sally D. John, Plaintiffs, v. A.C. ROBBINS; Dorothy S. Morris; Alfonzo W. Cox, Chloe B. Cox; Merrill Lynch Operating Partnership L.P. d/b/a Merrill Lynch Realty, Defendants.

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

April 24, 1991.

Attorney(s) appearing for the Case

James B. Craven, III, Durham, N.C., Tom Bush, Charlotte, N.C., for plaintiffs.

Frank L. Bryant, Charlotte, N.C., for Robbins, Morris and Merrill Lynch Realty.

John C. Schafer, Durham, N.C., for Alfonzo W. Cox and Chloe B. Cox.

MEMORANDUM OPINION

BULLOCK, District Judge.

Plaintiffs, purchasers of the residence at 132 Carolina Forest Road in Chapel Hill, North Carolina, bring this diversity action against Merrill Lynch Realty, two of its employees, and the prior owners of the residence. Plaintiffs allege Merrill Lynch and its employees are liable for fraud, negligent misrepresentation, breach of fiduciary duty of agency, and unfair and...

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