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MONSANTO COMPANY v. ARE-108 ALEXANDER ROAD, LLC

No. 1:10CV898.

MONSANTO COMPANY, Plaintiff, v. ARE-108 ALEXANDER ROAD, LLC, Defendant.

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

June 23, 2014.

Attorney(s) appearing for the Case

MONSANTO CO., Plaintiff, represented by SCOTT M. TYLER , MOORE & VAN ALLEN, DAVID E. FOX , MOORE & VAN ALLEN & JONATHAN M. WATKINS , MOORE & VAN ALLEN.

ARE-108 ALEXANDER ROAD, LLC, Defendant, represented by JOHN NATHAN HUTSON, JR. , HOWARD STALLINGS FROM & HUTSON, P.A., JOSEPH H. STALLINGS , HOWARD STALLINGS FROM & HUTSON, P.A. & MARK E. MCKEEN , PAUL HASTINGS LLP.

MEMORANDUM OPINION AND ORDER

WILLIAM L. OSTEEN, Jr., District Judge.

Presently before the court is a dispute concerning whether N.C. Gen. Stat. § 6-21.2(2) mandates an attorneys' fees award of exactly fifteen percent of the "outstanding balance" or whether it serves as a cap on such fees. The parties also dispute the definition and application of the term "outstanding balance," as such term is used in N.C. Gen. Stat. § 6...

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