Crop Production Services v. Ormond, No. 4:11-CV-41-D, 2012 U.S. Dist. LEXIS 5499 (E.D. N.C. Jan. 18, 2012)

(plaintiff sued defendant farm operation for breach of contract involving, among other things, plaintiff's provision of "scouting service" to identify potential weed and pest problems and recommend appropriate crop protection chemicals for which defendant did not pay; defendant suffered some crop damage allegedly caused by crop pest control recommendations and practices and counterclaimed alleging tortious interference with contract, unfair and deceptive trade practices, treble damages and negligence and negligent misrepresentation; court granted plaintiff's motion to dismiss for failure to state a claim finding defendant failed to allege prospective contract for tortious interference with contract claim, lack of aggravating circumstances were not alleged to allow recovery for unfair trade practice or treble damages, and all duties alleged under the negligence claim arose from the duties outlined in the contract at issue, so no negligence existed).

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