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JOCIE MOTOR LINES v. JOHNSON

No. 530.

57 S.E.2d 388 (1950)

231 N.C. 367

JOCIE MOTOR LINES, Inc. v. JOHNSON et al.

Supreme Court of North Carolina.

February 3, 1950.

Attorney(s) appearing for the Case

Smathers, Smathers & Carpenter, Charlotte, and Smathers & Meekins, Asheville, for plaintiff.

Helms & Mulliss, Charlotte, for defendant.

DENNY, Justice.

We think the questions sought to be litigated in this action were or might have been adjudicated in the case of Hodges et al. v. Johnson et al., D.C., 52 F.Supp. 488. The plaintiff herein was made a third party defendant in that action, under the Federal Rules of Civil Procedure, Rule 14, 28 U.S.C.A., governing third party practice. The rule permits a defendant "to bring in a third party, provided the third party...

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