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IN RE FITZGERALD

No. 236.

89 S.E.2d 462 (1955)

242 N.C. 732

In re Linwood Grady FITZGERALD.

Supreme Court of North Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

Fred H. Hasty, Charlotte, for respondent appellant.

Maurice A. Weinstein, William J. Waggoner, Charlotte, for petitioner appellee.

PER CURIAM.

It is apparent that the appeal is premature. The question of the custody of the child has not been considered or determined. The order is interlocutory and no substantial right of the appellant has been affected. G.S. § 1-271. DeBruhl v. State Highway & Public Works Comm., 241 N.C. 616, 86 S.E.2d 200.

Appeal dismissed.

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