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FERGUSON v. DDP PHARMACY, INC.

No. COA05-204.

621 S.E.2d 323 (2005)

Susan M. FERGUSON and Michael D. Ferguson, Plaintiffs, v. DDP PHARMACY, INC., Maurice Lynch, Penny Rose, and Debbie Lyles, Defendants.

Court of Appeals of North Carolina.

November 15, 2005.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P., by J. Nicholas Ellis, Rocky Mount, for plaintiffs-appellees.

Chichester & Walker, P.C., by Gilbert Chichester, Roanoke and Haywood, Denny & Miller, L.L.P., by John R. Kincaid, Durham, for defendant-appellant.

No brief filed for defendants-appellees Maurice Lynch, Penny Rose, and Debbie Lyles.

TYSON, Judge.

DDP Pharmacy, Inc. ("defendant") appeals from order entered disqualifying attorney Gilbert W. Chichester ("Chichester") from serving as attorney for defendant. We affirm.

I. Background

Pharmacy technicians, Debbie Lyles and Penny Rose, were working in the Roanoke Rapids Drugco Pharmacy when an individual came in and attempted to pick up a prescription for Oxycontin, a Schedule II controlled...

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