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FINCH v. SMALL BUSINESS ADMIN., OF RICHMOND, VA.

No. 105.

112 S.E.2d 737 (1960)

252 N.C. 50

Earl FINCH, trading as Ace Electrical Company, v. SMALL BUSINESS ADMINISTRATION, OF RICHMOND, VIRGINIA, Clarence P. Moore and John A. Wilkinson, Trustees, and Clara M. Whorton and Julius Whorton.

Supreme Court of North Carolina.

February 24, 1960.

Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiff, appellant.

Julian T. Gaskill, U. S. Atty., and Samuel A. Howard, Asst. U. S. Atty. for the Eastern Dist. of North Carolina, Raleigh, for defendant, appellee.

BOBBITT, Justice.

No reference is made in the District Attorney's motion to the merits of plaintiff's alleged cause of action. He asserts that a special appearance is entered solely for the purpose of moving to dismiss for lack of jurisdiction of the person. If, as plaintiff contends, the motion alleged simultaneously matters pertaining to other defenses, this, under Session Laws of 1951, Chapter 245, now G.S. § 1-134.1, would not waive the objection as to lack...

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