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OESTREICHER v. AMERICAN NAT. STORES, INC.

No. 34.

225 S.E.2d 797 (1976)

290 N.C. 118

Bert W. OESTREICHER in her capacity as Trustee for Rachel W. Oestreicher (now Rachel O. Haspel) and Dave Oestreicher, II v. AMERICAN NATIONAL STORES, INC. a/k/a National Manufacture & Stores Company, d/b/a Johnston's L & S Furniture Company.

Supreme Court of North Carolina.

June 17, 1976.

Attorney(s) appearing for the Case

Carlton, Rhodes & Thurston by Richard F. Thurston, Salisbury, for plaintiff-appellant.

Coughenour & Linn by Stahle Linn, Salisbury, for defendant-appellee.

COPELAND, Justice.

Did the Court of Appeals err in dismissing plaintiff's appeal because it was not a final judgment?

To properly evaluate this question, we must determine the true meaning of General Statutes 1A-1, Rule 54(b) which reads as follows:

"(b) Judgment upon multiple claims or involving multiple parties.—When more than one claim for relief is presented in an action, whether as a claim, counterclaim, crossclaim, or third-party...

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