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CROWN CENTRAL PETROLEUM CORP. v. PAGE-MYERS OIL CO.

No. 253.

120 S.E.2d 594 (1961)

255 N.C. 167

CROWN CENTRAL PETROLEUM CORPORATION, a corporation, v. PAGE-MYERS OIL COMPANY, Inc., a corporation, Frank Roger Page, Doris B. Page, James D. Myers and Willie Mae C. Myers.

Supreme Court of North Carolina.

June 16, 1961.

Attorney(s) appearing for the Case

Fleming, Robinson & Bradshaw, Charlotte, for plaintiff-appellee.

Clyde C. Randolph, Jr., Winston-Salem, for defendant-appellants.

WINBORNE, Chief Justice.

The first assignment of error relates to the following exchange which occurred after the plaintiff and all the defendants had rested. The plaintiff requested permission to offer one John J. Burke as a rebuttal witness, which was permitted by the trial judge in his discretion. At the conclusion of testimony by Burke the following transpired:

"Mr. Fleming (in the presence of the jury): `Your Honor, we propose to call Mr. Duckworth but...

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