BARGER v. McCOY HILLARD & PARKS

No. COA94-876.

462 S.E.2d 252 (1995)

Jerry H. BARGER, H. Wayne Kennerly, and Harry G. Young, Jr., Plaintiffs, v. McCOY HILLARD & PARKS, A North Carolina General Partnership, David R. McCoy, Michael W. Hillard, Brent H. Parks and Sheila Lee, Defendants.

Court of Appeals of North Carolina.

October 3, 1995.


Attorney(s) appearing for the Case

Caudle & Spears, P.A. by Thad A. Throneburg and Jeffrey L. Helms, Charlotte, for plaintiffs-appellants.

Hedrick, Eatman, Gardner & Kincheloe by Hatcher Kincheloe and L. Kristin King, Charlotte, for defendants-appellees.


JOHN C. MARTIN, Judge.

Plaintiffs' sole assignment of error is that the trial court erred in granting defendants' motion for summary judgment. Plaintiffs argue that there are genuine issues of material fact and that defendants were not entitled to judgment as a matter of law. We affirm the order of the trial court, except as to plaintiffs' claim of constructive fraudulent misrepresentation. As to that claim, we reverse summary judgment and remand to the trial court...

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