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UPCHURCH v. UPCHURCH

No. COA95-643.

468 S.E.2d 61 (1996)

Elizabeth Elsie UPCHURCH v. James Elmon UPCHURCH and James E. Upchurch, Jr.

Court of Appeals of North Carolina.

April 2, 1996.

Attorney(s) appearing for the Case

Harriss, Embree & Marion, P.L.L.C. by Joseph W. Marion, Durham, for plaintiff-appellee.

E.C. Harris, Durham, for defendant-appellant James Elmon Upchurch, Sr.

Browne, Flebotte, Wilson & Horn, P.L.L.C. by Daniel R. Flebotte, Durham, for defendant-appellant James E. Upchurch, Jr.

GREENE, Judge.

James Elmon Upchurch, Sr. (Husband) and James E. Upchurch, Jr. (Son) (collectively defendants) appeal an equitable distribution order entered 7 February 1995 pursuant to an action filed by Elizabeth Elsie Upchurch (Wife) for equitable distribution.

The complaint seeking equitable distribution names both Husband and Son as party defendants and in pertinent part alleges that the ownership of certain municipal bonds and notes is "intertwined between...

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