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Home / Opinion Digests / Civil Practice / Civil Practice – Pleadings – Incorporation by Reference – Statute of Limitations – Derivative & Individual Claims (access required)

Civil Practice – Pleadings – Incorporation by Reference – Statute of Limitations – Derivative & Individual Claims (access required)

Spoor v. Barth (Lawyers Weekly No. 011-04-018, 16 pp.)  (Rick Elmore, J.) Appealed from Wake County Superior Court (Robert Sumner, J.) N.C. App. Holding: A complaint’s derivative claim incorporated by reference the complaint’s previous allegations, which stated individual claims; however, the incorporation by reference incorporated only the previously alleged facts, not the previously alleged claims. We affirm ...

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