Empire Distributors of North Carolina, Inc. v. Schieffelin & Co.

ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on the Motion of Defendant to Strike Certain Affidavits and on the Motion of Plaintiff for Partial Summary Judgment in its favor as to whether Defendant has the right of prior consent to a transfer of business under N.C. Gen.Stat. §§ 18B-1200 et seq.

Plaintiff in its above Motion for Partial Summary Judgment relies in part on the affidavits of Martin L. Nesbitt, Dennis J. Winner, and E. Ted Linn. Mr. Nesbitt and Mr. Winner are both members of the General Assembly of North Carolina, and Mr. Linn has been president of the North…