# Speck v. North Carolina Dairy Foundation, Inc.

> Court of Appeals of North Carolina · October 18, 1983 · 64 N.C. App. 419

URL: https://www.frixlaw.com/law-library/cases/9570219

## Case

- **Full name:** MARVIN L. SPECK and STANLEY E. GILLILAND v. NORTH CAROLINA DAIRY FOUNDATION, INC., THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, THE BOARD OF TRUSTEES OF NORTH CAROLINA STATE UNIVERSITY, a Constituent Institution and THE ACTING CHANCELLOR OF NORTH CAROLINA STATE UNIVERSITY
- **Court:** Court of Appeals of North Carolina
- **Decided:** October 18, 1983
- **Citations:** 64 N.C. App. 419; 307 S.E.2d 785; 1983 N.C. App. LEXIS 3325
- **Precedential status:** Published
- **Opinion:** Dissent by Hedrick
- **Judges:** Phillips, Wells, Hedrick
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Speck v. North Carolina Dairy Foundation, Inc., 311 N.C. 679 (1984).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9570219

## Opinion text

Judge Hedrick
dissenting.
The majority grounds its decision on what it perceives to be a breach of a fiduciary relationship that gives rise to an equitable proceeding to establish a constructive trust. The record discloses that there is not now and never has been a “fiduciary relationship” between the defendants and plaintiffs, and the law will not and the court cannot declare that any of the defendants holds the *432 property in question or any profits realized therefrom in trust for the plaintiffs.
I vote to affirm summary judgment for the defendants.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9570219. Public record. Not legal advice.