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LUTZ INDUSTRIES v. DIXIE HOME STORES

No. 306.

88 S.E.2d 333 (1955)

242 N.C. 332

LUTZ INDUSTRIES, Inc., successors to Lutz Hosiery Mill, Inc. v. DIXIE HOME STORES, a corporation, and Robert A. Gibbons and Henry M. Smith, t/a Gibbons & Smith.

Supreme Court of North Carolina.

June 30, 1955.

Attorney(s) appearing for the Case

W. H. Strickland and Alfred R. Crisp, Lenoir, for plaintiff, appellee.

Adams & Adams, Asheville, and Mull, Patton & Craven, Morganton, for defendant, appellant Dixie Home Stores.

Townsend & Todd, Lenoir, for defendant, appellant Gibbons & Smith.

PARKER, Justice.

The defendants Gibbons and Smith state in their brief that both appellants present the same questions for determination, and therefore they adopt in toto the brief filed by their co-defendant, the Dixie Home Stores, and abandon any of their assignments of error, which are not carried forward and discussed in the brief of their co-defendant. The Dixie Home Stores has not carried forward and discussed in its brief the denial of the court to strike...

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