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HARDWARE MUTUAL INS. CO. OF THE CAROLINAS v. GOLD

No. 456.

103 S.E.2d 348 (1958)

248 N.C. 293

HARDWARE MUTUAL INSURANCE COMPANY OF THE CAROLINAS, Inc. (and George R. Batchelor, Intervenor), v. Charles F. GOLD, Commissioner of Insurance, Henry L. Bridges, I. Miller Warren, Charles F. Gold, Berry C. Gibson and Curtis H. Flanagan, constituting the Board of Trustees of the North Carolina Firemen's Pension Fund, The North Carolina Firemen's Association, C. R. Puryear and Ray E. Scott.

Supreme Court of North Carolina.

April 30, 1958.

Attorney(s) appearing for the Case

Allen & Hipp, Arch T. Allen, Joyner & Howison, W. T. Joyner, Jr., Raleigh, for plaintiffs, appellants.

George B. Patton, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., Ehringhaus & Ellis, Raleigh, for defendants, appellees.

PER CURIAM.

Decision in this case is governed by the decision of American Equitable Assurance Company of New York v. Gold, N.C., 103 S.E.2d 344. Upon the authority of that case, the order denying the petition to intervene is affirmed, and the judgment sustaining the demurrer is

Reversed.

WINBORNE, C. J., took no part in the consideration or decision...

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