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STANDARD AMUSEMENT COMPANY v. TARKINGTON

No. 593.

111 S.E.2d 538 (1959)

251 N.C. 461

STANDARD AMUSEMENT COMPANY, Inc., Plaintiff, v. R. O. TARKINGTON and wife, Mary Marsh Tarkington, Defendants, and Wayne Theatres, Inc., Max Zager and Max Zager Enterprises, Additional Defendants.

Supreme Court of North Carolina.

December 16, 1959.

Attorney(s) appearing for the Case

Daniel R. Dixon, Raleigh, for R. O. Tarkington and wife, appellants.

G. C. Hampton, Jr., Greensboro, for plaintiffs, appellees.

T. C. Hoyle, Jr., Greensboro, for additional defendants Max Zager and Max Zager Enterprises, appellees.

Paul R. Ervin, Charlotte, for Wayne Theatres, Inc., additional defendant-appellee.

PER CURIAM.

This case was here at the Fall Term, 1957. Standard Amusement Co. v. Tarkington, 247 N.C. 444, 101 S.E.2d 398. In the present appeal, plaintiff filed no exceptions to defendants' case on appeal and the case was not settled by the trial judge. Plaintiff filed motion in this Court to dismiss the appeal on the ground that the evidence in the case on appeal is not in narrative form. Rule 19...

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